McLaren Transport Ltd v Somerville

McLaren Transport Ltd v Somerville [1996] 3 NZLR 424 is a cited case in New Zealand regarding the awarding of exemplary damages.

[1] Somerville took a hay conditioner to McLaren transport to get a tyre changed.

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.

The Court ruled that the award for damages was justified.