DISTRICT COURT OF QUEENSLAND
REGISTRY: ROCKHAMPTON
NUMBER: D82/2004
Plaintiff: ROSEMARY LEE COOP
and
First Defendant : BENJAMIN JOSEPH JOHNSTON
and
Second Defendant: SUNCORP METWAY INSURANCE LTD
REASONS FOR JUDGMENT
BEFORE HIS HONOUR JUDGE G.T. BRITTON S.C.
(DELIVERED THE 24 DAY OF MARCH 2005)
The plaintiff who was born on the 22nd of March 1973 claims damages for personal injury sustained in an accident ('the accident") which occurred on 10 December 2002.
At the time of trial on the 25th of January 2005, the plaintiff was aged 31 and she was 29 as at the date of the accident.
Liability has been admitted.
The circumstances surrounding the accident were somewhat unusual.
The plaintiff had been travelling as a passenger in a car being driven by her sister in a northerly direction on the Bruce Highway.
At approximately 7 p.m. at a place about 7 kilometres south of Gympie, the plaintiff and her sister noticed some stationary vehicles on the highway with their hazard lights operating and that there was a tree across the roadway.
As a result, the plaintiff's sister stopped her car and the plaintiff got out to render assistance. She was standing in front of a vehicle which was facing south when a station sedan driven by the first defendant collided with the three and thereafter with the vehicle in front of which the plaintiff was standing and it then struck the plaintiff, throwing her onto its windscreen and, as a result, she suffered injury.
The plaintiff was taken by ambulance to the Gympie Hospital where she was examined.
There is a report before me from the Gympie Hospital. It forms part of Exhibit 19 which also contains a copy of the records of that hospital.
According to the records of the Gympie Hospital, the plaintiff complained of pain to the right side of her face and nose and her left hip. A slight nosebleed was noted. Bruising was noted over the lateral aspect of the mid shaft of the left humerus but no fracture was seen. Facial bruising was noted on the left face and a small scratch was seen on the left side of the nose. However there were no breathing difficulties noted. On examination of the left elbow, no abnormality was detected. X-rays were performed which revealed no fracture of the hip or femur. The plaintiff was prescribed analgesia and discharged.
On the following day, the plaintiff travelled with her parents and sister to Gladstone and on the 12th of December 2002, the plaintiff consulted her General Practitioner, Dr R Mawer, but there is no report before me from Dr Mawer.
In her quantum statement (Exhibit 1), the plaintiff claims to have suffered a facial injury including a fractured nose.
The records of the Gympie Hospital do not make any mention of a fractured nose. However, Dr Evan Matthews, an ear nose and threat specialist, in a report dated 18 January 2005 (Exhibit 6) said that he had viewed X-rays of the plaintiff's…
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- AGLC
- Coop v Johnston and Suncorp Metway Insurance Ltd [2005] QDC 79
- Case
- [2005] QDC 79
- Decision Date
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