Amos Aikman v Stephen Michael Howard

[2014] ACTSC 35

AMOS AIKMAN v STEPHEN MICHAEL HOWARD
[2014] ACTSC 35 (6 March 2014)

DAMAGES – personal injury – collision between motor vehicle and motorcycle – injuries to right ankle and knee requiring surgery – other injuries to the face and body leaving scarring – plaintiff PhD in geology – injuries preventing plaintiff from engaging in geological fieldwork – career as geologist foreclosed – substantial interference with physical activities resulting in loss of enjoyment of life – substantial impairment of earning capacity

Barak Pty Ltd v WTH Pty Ltd [2002] NSWSC 649
Commonwealth Development Bank of Australia Pty Ltd v Cassegrain [2002] NSWSC 980

No. SC 488 of 2009

Master Harper
Supreme Court of the ACT

Date: 6 March 2014   

IN THE SUPREME COURT OF THE     )
  )          No. SC 488 of 2009
AUSTRALIAN CAPITAL TERRITORY           )          

BETWEEN:  AMOS AIKMAN

Plaintiff        

AND:  STEPHEN MICHAEL   HOWARD

Defendant

ORDER

Judge:  Master Harper
Date:  6 March 2014
Place:  Canberra

THE COURT ORDERS THAT:

1. judgment be entered for the plaintiff in the sum of $1,232,000.00.

1. the plaintiff’s costs to be paid by the defendant.

1. the order as to costs be stayed for 21 days.

1. This is an action for damages for personal injury arising out of a motor vehicle collision.  Liability is admitted.

The collision

1. The collision occurred on Wednesday 13 September 2006 at about 8:20 pm.  The plaintiff was riding a Honda 110 cc motorcycle (described as a postman’s bike) in an easterly direction on Balmain Crescent, Acton, within the grounds of the Australian National University.  The defendant was driving a Holden Rodeo four-wheel drive vehicle in the opposite direction.  The defendant stopped in the middle of the road to make a right turn into the parking area of University House.  Apparently because of lighting at about the same height in the grounds of University House, the defendant failed to see the approaching headlight of the plaintiff’s motorcycle, and commenced his right turn across the plaintiff’s path.  The plaintiff braked hard and steered left but was unable to avoid a collision with the front bull bar of the defendant’s vehicle.  The plaintiff’s recollection was that he was thrown over the bonnet of the vehicle to the road, and that the motorbike came in behind him and crushed his leg, which he described as scissored between the bull bar and the motorcycle.

1. Police and ambulance staff attended the scene.  The plaintiff was taken to hospital and admitted.

The plaintiff

1. The plaintiff was born in December 1979.  He was 26 at the date of the collision and is now 34. 

1. He was born in England and grew up and went to school in Scotland.  He studied geology at the University of Edinburgh, graduating as a bachelor of science with first class honours in 2002.

1. His interest in science and geology grew out of trips with his father, a schoolteacher, walking and mountaineering in the Scottish highlands.  He was an avid distance runner, mountain biker and snowboarder.  He regularly ran 10 km twice a week.  He cycled long…