Carroll v Coomber and Anor

DISTRICT COURT OF QUEENSLAND

CITATION:

Carroll v Coomber and Anor [2006] QDC 146

PARTIES:

AMANDA JAYNE CARROLL

Plaintiff

v

LEILA COOMBER

First Defendant

and

SUNCORP METWAY INSURANCE
LIMITED

Second Defendant

FILE NO/S:

BD2931/05

DIVISION:

PROCEEDING:

Trial

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

31 May 2006

DELIVERED AT:

Brisbane

HEARING DATE:

21, 22 November 2005

JUDGE:

McGill DCJ

ORDER:

Judgment that the second defendant pay the plaintiff $90,023.18

CATCHWORDS:

DAMAGES – Personal Injuries – measure of – multiple injuries – assessment of ISV

DAMAGES – Griffiths v Kerkemeyer – effect of statutory limitation – whether continuing threshold

Civil Liability Act 2003 ss 55, 59(1)(c), 60, 61

Ballesteros v Chidlow [2005] QSC 280 – followed

Coop v Johnston [2005] QDC 79 – followed

Grice v State of Queensland [2005] QCA 272 – considered

Roads and Traffic Authority v McGregor [2005] NSWCA 388 – not followed

COUNSEL:

R. J. Lynch and S. J. Williams for the plaintiff

P. V. Ambrose SC and D. A. Reid for the second defendant

SOLICITORS:

David Colwell and Company for the plaintiff

Herbert Geer and Rundle for the second defendant

1. The plaintiff was injured in a motor vehicle accident on 7 September 2003.  Liability has been admitted and it remains to assess the plaintiff’s damages.  Because of the date of the accident, these must be assessed in accordance with the Civil Liability Act 2003 and the Civil Liability Regulation.

Circumstances of the accident

1. The accident occurred when the plaintiff was driving the first defendant’s vehicle, with the first defendant the front seat passenger, south along the South East Freeway at night:  p 10.  The first defendant, who the plaintiff said was very drunk, unexpectedly pulled on the hand brake, and as a result the plaintiff lost control of the vehicle, and it crashed into a cement lane divider, at a point where an exit lane branched off:  p 10.  The plaintiff was thrown forward and then back, and the vehicle rolled and went into a ditch.  The first defendant got out, the plaintiff telephoned for assistance, and some other people arrived and helped the plaintiff out of the car:  p 11.  She said at this stage her back was really hurting and she was in shock, and she burst into tears when she got out of the car.

1. The plaintiff was taken by ambulance to the Logan Hospital, where she was examined and x-rayed (p 11) and in time allowed to go home:  p 13.  She was taken home by her parents.

Consequences

1. The plaintiff went to see a GP, Dr Murphy, two days after the accident:  p 13.  The same day a photograph was taken showing some bruising on the plaintiff:  Exhibit 2.  The following day she saw another GP, Dr Maclaverty.  Four days after the accident some further photographs of the bruising were taken:  Exhibit 3.  They show quite extensive bruising, much of which appears to be underneath where a seatbelt would be worn.[1]  In the few days after the accident, the plaintiff had pain…