Ball v Monaghan

[2002] QDC 124

DISTRICT COURT OF QUEENSLAND

CITATION:	Ball v Monaghan and anor [2002] QDC 124
PARTIES:	THERESA BALL   Plaintiff And TERRY MONAGHAN   First Defendant And RACQ-GIO INSURANCE LTD (ACN 009 704 152)   Second Defendant
FILE NO/S:	D3663 of 2000
DIVISION:
PROCEEDING:	Trial
ORIGINATING COURT:	District Court Brisbane
DELIVERED ON:	14 May 2002
DELIVERED AT:	Brisbane
HEARING DATE:	11, 12 September 2001
JUDGE:	McGill DCJ
ORDER:	Judgment that the second defendant pay the plaintiff $113,218.20.
CATCHWORDS:	DAMAGES – Personal injuries – neck – 5% - psychological injury – driving phobia – assessment
COUNSEL:	RJ Lynch for the plaintiff RB Dickson for the defendants
SOLICITORS:	McInnes Wilson for the plaintiff Hunt and Hunt for the defendants

REASONS FOR JUDGMENT

1. The plaintiff was involved in a motor vehicle accident on 24 September 1999 when the vehicle in which she was travelling came into collision at an intersection with the vehicle driven by the first defendant.  Her vehicle was struck on the left side adjacent to the area of the rear door: p 20.  It was struck with considerable force, and as a result of the accident lifted and turned.  The rear passenger door was particularly damaged, and a child’s seat just inside was dislodged by the impact, a matter which was particularly distressing to the plaintiff because at the time of the collision she was on her way to pick up her granddaughter, who was then two and would have been using that seat: p20.  The plaintiff alleges that as a result of the accident she suffered physical injury, particularly to the neck, and psychological injury.  Liability was not in issue (p2) but there remained a substantial dispute in relation to quantum.

1. After the accident the plaintiff initially felt shaken (p20) and she returned to her home which was quite close to the scene of the accident.  There she started to feel burning in and swelling of the neck.  Later bruises came out along the line of the seat belt, and on the tops of her legs: p31.  Her husband took her to a general practitioner who suggested panadene to ease the pain, and she returned the next day: p22.  Two days later she saw another general practitioner, Dr Ratman, who provided a report on 13 October 1999:  Ex 11.

1. Dr Ratman reported that when he saw the plaintiff on 26 September she was complaining of sore neck, sore right arm and elbow, soreness in the chest wall and in the right and left shoulders, pain in the arms, sore upper abdomen, sore ankles and feet, sore lower back and sore right hip.  There was some restriction in movement of the neck, and in movement of both shoulders.  There was some restriction of straight leg raising particularly on the right-hand side, and Dr Ratman thought her reflexes were exaggerated due to her depressed state.  She was treated with medication and microwave therapy, and given time off work.  She was ultimately off work for two weeks, which was taken as a holiday[1] rather than sick leave:…