Wilson v Collingwood Store Pty Ltd41 VR 531
[2014] VSCA 20·(Court of Appeal) (2014) Osborn and Beach JJA and McMillan AJA·25 Feb 2014·17p·
Accident compensation - Workers compensation - Jury trial - Causation - Assessment of damages - Pain and suffering - Vicissitudes of life - Pre-existing medical condition - Aggravation - Risk of further injury - No direction concerning vicissitudes - Reliance on written medical report - Risk that jury would misuse written report to reason impermissibly - Appeal allowed.
Legal practitioners - Fair trial - Closing address - Personal injuries claim - Submissions to jury as to quantum of damages - Defendant's counsel alluding to his surprise as to what plaintiff's counsel would be submitting - Inappropriate personal observation.