E Point Perfect
Law \ Legal

Assualt: Damages claim following acquittal.


With thanks to Rob Davis for drawing this matter to my attention.

Gardiner v Doerr [2022] QSC 188 (on AUSTLII).

The plaintiff (Ms Gardiner) sought damages in respect of an assault upon her by the defendant (Mr Doerr). At the time of the alleged assault Ms Gardiner and Mr Doerr were married but had recently separated. Mr Doerr denied that the alleged assault described by Ms Gardiner occurred at all or, if such an incident did occur, that he was not involved in it. Mr Doerr also disputed the quantum of damages claimed.

Mr Doerr was charged but was acquitted following a trial in the District Court. However the trial judge held that hat Mr Doerr broke into Villa 1 and attacked Ms Gardiner. Accordingly Mr Doerr is liable to Ms Gardiner in the tort of battery.

Damages were assessed in the total sum of $967,113.40 as follows:

General damages $8,410

Past economic loss $358,123

Interest on past economic loss $58,302

Future economic loss $343,081

Gratuitous services $35,560

Special damages $13,412.40

Interest on special damages $1,899

Future special damages $13,126

Aggravated damages $50,000

Interest on aggravated damages $17,600

Exemplary damages $50,000

Interest on exemplary damages $17,600

[BillMaddensWordpress #2061]


Source link

Related posts

2022 National Center on Philanthropy and the Law Annual Conference

NLRB Pursues 10(j) Injunction and Bargaining Order Against Starbucks Based on Conduct In Union Organizing Campaign

Reproductive Rights in the California Workplace

State AG Updates: November 17-23, 2022

Who Bears the Burden of a Newly Discovered Non-Participating Royalty Interest?

Legislating net zero – LexBlog