| 词条 | McLaren Transport Ltd v Somerville |
| 释义 |
}}{{Infobox court case | name = McLaren Transport Ltd v Somerville | court = High Court of New Zealand | date_filed = | image = Coat of arms of New Zealand.svg | date decided = 13 August 1996 | full name = McLaren Transport Ltd v Somerville | citations = [1996] 3 NZLR 424 | judges = Tipping J | prior actions = | subsequent actions = | opinions = | transcripts = | Keywords = negligence }}McLaren Transport Ltd v Somerville [1996] 3 NZLR 424 is a cited case in New Zealand regarding the awarding of exemplary damages.[1] BackgroundSomerville took a hay conditioner to McLaren transport to get a tyre changed. McLaren's employee Stumbles undertook to change the tyre, although he had little training in changing tyres. As Stumbles was unable to find a 15-inch tyre in stock, he then proceeded to try an fit a 15 1/2 inch tyre instead. After 3 attempts at inflating the incorrect sized tyre, it finally exploded, injuring Somerville whom was assisting Stumbles with the tyre. As Somerville was legally barred from suing McLaren for damages for his injury due to Accident Compensation law, he sued instead for exemplary damages, with the District Court awarding $15,000. McLaren appealed. HeldThe Court ruled that the award for damages was justified. References1. ^{{cite book |title=Butterworths Student Companion Torts |edition=4th |last1=McLay |first1=Geoff |publisher=LexisNexis |ISBN=0-408-71686-X|year=2003 |page=}} 4 : Court of Appeal of New Zealand cases|New Zealand tort case law|1996 in New Zealand law|1996 in case law |
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