Gerard Malouf and Partners, under the lead of Mr Tony Chow and his team, acted for a woman who was involved in a motor vehicle accident in 2014.
The client was crossing, at twilight, an intersection in Arncliffe with her husband. The client and her husband are foreign nationals who were visiting Australia from China. The street they were travelling on was very wide with cars parked on both sides. The offending driver was travelling above the speed limit and made a right turn without regard to the safety of pedestrians. As the client proceeded to cross with her husband, when they had cross to the midpoint of the road, the offending driver cut the painted median island colliding with the both of them.
Our client was fortunate that she only sustained a large bruise to the left side of her buttocks and thigh. The husband however was struck hard and knocked over, striking his head on the road. As a consequence he sustained a serious brain injury. Although our client recovered from the physical injuries of the impact, she was left with serious psychological injuries sustained when witnessing her husband of 48 years hit by the car and then lying in the intensive care unit of St George Hospital, and then be asked to consent to urgent brain surgery.
The client’s husband became a permanent member of lifetime care and support. The client suffered from depression, post-traumatic stress disorder, anxiety and shock.
After obtaining instructions from our client and collating medical evidence in the case, Gerard Malouf and Partners sought an exemption from the State Insurance Regulatory Authority to commence proceedings in the District court of New South Wales.
The instructions received from the client showed it to be extremely difficulty in nature.
It was argued, amongst other things, that the Defendant failed to keep a proper lookout when driving his vehicle, failed to steer and drive the vehicle in a safe manner, failed to control and stop the vehicle and failed to give way to a pedestrian.
Nevertheless, Gerard Malouf and Partners was certain that the issue regarding liability would be in favour of the client. Accordingly, proceedings were lodged at the District Court of New South Wales to determine the issue of liability. This issue was heard it court and the judge made a finding of contributory negligence.
In a bid to resolve the matter in an expedited manner a settlement conference was conducted to quantify damages.
At conference Gerard Malouf and Partners, accompanied by Counsel, was able to persuade the Defendant's solicitors that our client's position was both genuine and realistic. The claim was settled and the client received $77,500.00.
This case shows that Gerard Maloluf and Partners are not afraid to take on any case, even where it is extremely difficulty.
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