Boskovic v. Boskovic & Anor

[2007] QDC 186

DISTRICT COURT OF QUEENSLAND

CITATION:

Boskovic v Boskovic & Anor [2007] QDC 186

PARTIES:

JADRANKA BOSKOVIC

Plaintiff

V

LOZAN BOSKOVIC

First Defendant

and

ALLIANZ AUSTRALIA INSURANCE LIMITED

Second Defendant

FILE NO/S:

BD1501/2006

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

24 August 2007

DELIVERED AT:

Brisbane

HEARING DATE:

19, 20, 21 February,  15 May 2007

JUDGE:

Rafter SC DCJ

ORDER:

Judgment that the second defendant pay the plaintiff

$84,203.76

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNINGS AND EARNING CAPACITY – PAIN AND SUFFERING – LOSS OF AMENITIES – the plaintiff’s credit was in issue at trial – whether the plaintiff’s injuries were as debilitating as she claimed – assessment of damages for personal injuries – physical and psychiatric injuries – dominant injury

Civil Liability Act (Qld), 2003, s55, s59, s61(1)(a), s61(1)(c), 62(b)
Civil Liability Regulation (Qld), 2003
Motor Accident Insurance Act (Qld), 1994, s53

Ballesteros v Chidlow & Anor [2005] QSC 280, considered
Ballesteros v Chidlow & Anor [2006] QCA 323, applied
CSR Ltd v Eddy (2005) 226 CLR 1, applied
Jones v Dunkel (1959) 101 CLR 298, considered
Kriz v King & Anor [2006] 351, applied

COUNSEL:

GR Mullins for the plaintiff

PL Feely for the defendants

SOLICITORS:

Gouldson Legal for the plaintiff

McInnes Wilson for the defendants

Introduction

1. The plaintiff was born in the former Yugoslavia on 16 November 1971.   She is presently 35 years of age.  The plaintiff is married to the first defendant, Lozan Boskovic.  They have three children.  Jovana was born on 5 December 1995 and is presently 11 years of age.  Tamara was born on 3 January 1997 and is presently 10 years old.  Lazar was born on 8 October 2004 and is presently 2 years of age.

1. The plaintiff claims damages for injuries sustained in a motor vehicle collision on 24 May 2003.  Liability is admitted.  I am required to assess the quantum of the plaintiff’s damages.

1. On 24 May 2003 the plaintiff and her husband were shopping at the Indooroopilly Shoppingtown.  Mr Boskovic was driving the vehicle when they were returning home.  He was attempting to overtake another vehicle when that vehicle changed lanes and a collision resulted[1].  The accident was reasonably serious causing significant damage to the motor vehicle[2].

   [1]T43 line 30

   [2]See photographs Exhibit 1  Pt C pp 25 to 28

1. The plaintiff suffered injuries to her neck, lower back, left hand and chest.  She also suffered post-traumatic stress disorder.  The plaintiff also claims to have suffered a major depressive disorder and chronic pain due to physical and psychological factors.  She claims that these injuries have precluded her from returning to work and have significantly interfered with her ability to care for herself and her family.

1. The second defendant accepts that the plaintiff suffered soft tissue injuries to her neck and back and seat belt injuries to her chest that would have caused pain and difficulties for…