McLaren Transport Ltd v Somerville
McLaren Transport Ltd v Somerville is a 1996 decision of the High Court of New Zealand about exemplary damages. Somerville took a hay conditioner to McLaren Transport to have a tyre changed. McLaren’s employee, Stumbles, did the tyre change but had little training. He could not find a 15-inch tyre, so he tried to fit a 15½-inch tyre. After three attempts at inflating the wrong-sized tyre, it exploded and injured Somerville, who was helping with the tyre.
Because Accident Compensation law prevents Somerville from suing McLaren for ordinary damages, he sought exemplary damages instead. The District Court awarded $15,000. McLaren appealed. The High Court ruled that the exemplary damages award was justified.
This page was last edited on 3 February 2026, at 03:23 (CET).