LW204: Torts Law II

Question B

Poppy was a successful prosecutor working in Port-Vila, Vanuatu. She finished her law degree at the USP Emalus Campus in 2014 and had worked at the Public Prosecutions Office. She had aspirations to become the first female Justice on the Supreme Court. She had a scholarship to pursue a Master of Laws degree in Sydney in 2017. On 15 January 2016, Poppy stayed late at the office to complete her preparation for an upcoming trial. Around 3:15 am, Poppy decided to go home to sleep and shower before returning to the office at 7:00 am. Since she lived near the office, Poppy decided to walk. Karen was on her way back from a heavy night of drinking at the Warhorse Saloon. Karen was trying to text her boyfriend to come and drink with her. She was so distracted that she drove onto the footpath and struck Poppy, who was walking home. Upon collision, Poppy's head hit the concrete sidewalk hard, knocking her out. Both of her legs were broken, her back was seriously injured and one of her lungs were punctured; in order to keep her from feeling the pain, the doctors had to put her into a coma. Due to the severity of her injuries, Poppy could not be treated at the local Port-Vila hospital and had to be medivacked to Brisbane for emergency treatment. In addition to this, Poppy's Macbook Pro 2014 and iPhone 6 were also damaged. Poppy stayed in Brisbane for medical care for six months. During this time, her elderly mother, Susan, quit her job as a legal secretary to take care of Poppy. Although Poppy made a full recovery, her mind was permanently affected. The doctors advised that Poppy's mental capacity was that of a five-year-old child. She could not comprehend things like she could before. She would often talk to herself or speak sentences that did not make sense. Poppy cannot work as a lawyer anymore and it is clear that she can no longer take care of herself. Before the accident, Poppy supported her elderly parents, John (65) who was a retired school teacher and Susan (60) a legal secretary. She was an only child. Poppy received a salary of 200,000 VT every month. Vanuatu does not have income tax. However, Poppy paid 10% of her salary into a superannuation fund. Poppy was also engaged to Lorenzo, another Prosecutor. They were excited to start a family together. However, when it became clear that she would never fully recover, Lorenzo broke off his engagement to Poppy. In Vanuatu, the Government has a citizen's medical benefit. The Government paid for Poppy's medivac flight ($100,000 AUD) and now provide a disability benefit. Poppy's parents had to pay for Susan's accommodation and living expenses while she was in Brisbane. Poppy's entitlements under this benefit is 25,000 VT every month. Poppy's circumstances broke her father's heart. John, who had worked hard his whole life to ensure his daughter had the best future, has been diagnosed with depression.

1. Analyse the above fact scenario in terms of damages. Make a list of the heads of damage and, as far as you are able, calculate what damages you think Poppy can claim for.

a. You must also note down any deductions or contingencies that the Court may make when calculating damages for Poppy.

2. Under each head of damage, list the additional facts you would need to know to sum up your calculations.

3. What questions about the law of damages arose in your analysis?

4. If Poppy had died, rather than suffered injury, would her parents be able to claim for the loss of support? Explain your answer.