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Lansonneur v Barge [1984] VULawRp 16; [1980-1994] Van LR 125 (6 December 1984)

[1980-1994] Van LR 125

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CIVIL JURISDICTION

Civil Case No. 3 of 1984

BETWEEN:

REJANE LANSONNEUR
Plaintiff

AND:

PIERRE BARGE
First Defendant

AND:

LOWNDES LAMBERT PACIFIC LIMITED
Second Defendant

Coram: Chief Justice Cooke

JUDGMENT

[DAMAGES - personal injury - assessment of damages]

By a judgment of the 3rd July 1980, the French National Court found the Defendant, Pierre Barge, liable for the injuries to Reane Lansonneur and awarded a provisional sum of 300,000FNH to the Plaintiff. A Dr Waag was appointed by the Court to give expert evidence. He examined the girl on the 18th August 1980 and found she had a fracture of the left thigh bone, fracture of both bones on the left leg and many superficial wounds. The fractures were set by using metal pins and plates. The girl suffered from swelling of the ankle and left leg, pain to the right thigh when sitting and a slight limp at the end of the day. She complained she could not run or wear high heel shoes.

On the 24th June 1984 with agreement of the parties, a request was made to Dr Yves Lapeyre, Chief Medical Officer of the Reydellet main infirmary at Saint-Denis, Reunion island to examine the girl who now lived on Reunion island. As a result of the examination the Doctor reported:-

1) That the girl walks fairly normally, although she has a very slight hint of an avoidance of carrying her weight on the left leg.

2) The movement of the ankle and the knee joints are normal.

3) The outer side of her left thigh bears a scar of 2 cm long and 1 cm wide in places. The scar is supple and of good quality, but unseemly.

4) The front lower third of her leg bears a straight 15 cm scar of good quality.

5) Oedema was noted in the lower third of the left leg, together with a change in the skin colouring in this area and a slight deterioration in the toe nails' tropically.

6) There is an impairment of skin sensation in the front lower third of the left leg.

7) There is partial, permanent disablement to a degree that can be estimated at 15%.

8) Pain and suffering are moderate. Disfigurement is fairly considerable. Restriction of enjoyment of normal pleasure activities is moderate.

9) At the moment, the patient's disablement can be considered as being firmly established and unlikely to improve or worsen.

As a result of this report, Counsel for both parties submitted claims to which I have given careful consideration. I have finally decided in view of the injuries received and the Doctor's report to make the following awards:-

A. Temporary total disablement 50,000VT
B. Permanent partial disablement estimated at 15% 1,700,000VT
C. Pain and suffering 200,000VT
D. Disfigurement 500,000VT
Total 2,450,000VT

The Defendants to pay the sum of VT2,450,000 less VT300,000 already paid. Also to pay Caisse Primaire d'Assurance Maladie de Paris FFs 3,479.68.

As the case should have been settled some time ago, interest is limited to six months. Legal costs are granted to both lawyers.

6 December 1984

FREDERICK G. COOKE
CHIEF JUSTICE