Amended Strachan v Beresforde & Suncorp Metway Insurance Ltd

The plaintiff in this case, Wayne Andrew Strachan, suffered a neck injury in a motor vehicle accident. The defendants, Roy James Beresforde and Suncorp Metway Insurance Ltd, were found to be liable for the accident. The court was required to determine the amount of damages to be awarded to the plaintiff. The primary legal issue was whether the pre-existing neck and back pain suffered by the plaintiff prior to the accident should be taken into account when assessing his damages. The court found that while the plaintiff had consulted a chiropractor for neck and back pain on several occasions before the accident, the visits were not significant enough to affect the assessment of damages.

The court noted that the plaintiff's pre-existing conditions were not severe, and he did not seek continuous treatment for them. The court also considered that the plaintiff's work as an industrial spray painter would naturally involve some neck and back strain, making it difficult to determine the extent to which the pre-existing conditions contributed to his current state. The court decided to focus on the impact of the accident itself rather than the pre-existing conditions when assessing damages.

The court awarded the plaintiff general damages of $35,000 for his pain and suffering, along with interest on a portion of this amount. The court also awarded past economic loss of $27,388, reflecting the reduction in the plaintiff's earnings since the accident, along with interest on this amount. Future economic loss was calculated based on the reduced earnings potential due to the accident, less a discount for the uncertainty of the plaintiff finding alternative employment. Special damages, including medical expenses and loss of superannuation, were also awarded. The total damages awarded to the plaintiff were $177,607.54. The court found in favour of the plaintiff and ordered the second defendant to pay the awarded amount.