Nelia Chin v Fritzner Gedeon and Another (CL 130 of 2020) [2022] TCASC 5 (22 April 2022)

Case summary

The Court found the defendant was negligent and that it was in consequence of the accident that the Plaintiff sustained the injuries pleaded, and that she was entitled to recover damages, both general and special, and in addition, statutory interest. However, the Court also found that the Plaintiff was contributorily negligent and estimated the degree to which her own carelessness for her safety caused the accident to be 25%. Her recovery of damages is to reduced accordingly following assessment and proof of damages. The case was treated as a trial of liability only. Counsel were invited to attempt to agree quantum. Failing such agreement, the Plaintiff’s counsel may apply for an assessment.

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