Shorey v PT Limited

Appeal – Rehearing - Causation - Conflict of expert evidence - Review of trial judge's finding of fact - Where plaintiff fell and suffered physical injuries as a result of tortfeasor's negligence - Plaintiff suffering from persistent psychologically disturbed condition - Whether psychological condition caused by fall.

Negligence – Damage - Causation of - Evidentiary foundation for proof of - Existence of multiple causes of damage - Obligation of plaintiff at trial to prove damage - Sufficiency of proof that the alleged tortfeasor's conduct was a cause of the plaintiff's damage - Alleged disproportion between the tortfeasor's conduct and subsequent symptoms - Whether plaintiff malingering - Obligation of tortfeasor to take plaintiff as it finds him or her.

Evidence – Evidentiary presumptions - Multiple causes of damage allegedly occasioned by tortfeasor's negligence - Evidentiary onus of tortfeasor to exclude the operation of its wrong as a cause of continuing damage - Relevance of factual findings made at trial - Whether alleged tortfeasor has displaced the causative effect of its injury.