Cornwell v Imarisio

Case [2018] QDC 138

DISTRICT COURT OF QUEENSLAND

CITATION:

Cornwell v Imarisio & Anor [2018] QDC 138

PARTIES:

TAMMY PEARL CORNWELL

(plaintiff)

v.

GIUSEPPINA IMARISIO

 (first defendant)  

And

RACQ INSURANCE LIMITED ACN 009 704 152

(second defendant)

FILE NO:

382/15

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

22 June 2018

DELIVERED AT:

Townsville

HEARING DATE:

8 and 9 November 2017

JUDGE:

Lynham DCJ

ORDERS: 

1.   Judgment for the plaintiff against the defendants in the amount of $458,220.17.

2.   Any submission in respect of costs, or alternatively a proposed consent order if the parties are agreed, be filed within 14 days.

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – where the plaintiff was injured in a motor vehicle accident – where liability is not in issue – where damages are assessed under the Civil Liability Act 2003 (Qld) – where past and future economic loss are assessed – where plaintiff’s capacity to perform work is adversely effected – where gratuitous care and domestic assistance assessed.

LEGISLATION:

Civil Liability Act 2003 (Qld), Chapter 3, s 51, 55, 59, 61
Civil Liability Regulation 2003 (Qld), Schedule 3, s 2, 3, 4, 7, 8, 9, 10; Schedule 4, item 63, 89, 93, 94, 98, 155.4 Schedule 6A, s 4; Schedule 7
Evidence Act 1992 (Qld), s 92

CASES:

Allwood v Wilson & Anor [2011] QSC 180
Browne v Dunn (1893) 6 R 67 (HL)
Carroll v Coomber and Anor [2006] QDC 146
Daoud v Boutros [2013] NSWSC 687
Driver v Stewart & Anor [2001] QCA 444
Fox v Percy (2003) 214 CLR 118
Heywood v Commercial Electrical Pty Ltd [2013] QCA 270

Hunt v Australian Associated Motor Insurers Ltd [2012] QCA 183

Hunt v Lemura & Anor (No 1) [2011] QSC 426
Kriz v King & Anor [2006] QCA 351
McGory v Medina Property Services Pty Limited [2017] QCA 234

Onassis and Calogeropoulos v Vergottis [1968] 2 Lloyds Rep 403

R v Wilson [2014] QCA 350
Reid v Kerr (1974) 9 SASR 367
Shaw v Menzies & Anor [2011] QCA 197
Thomas v SMP (International) Pty Ltd [2010] NSWSC 822
Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15.

COUNSEL:

G F Crow QC, with him R J Armstrong, for the plaintiff
G C O’Driscoll for the first and second defendants
SOLICITORS:

Roati Legal for the plaintiff
Quinlan Miller & Treston for the first and second defendants

Background

[1]The plaintiff was injured in a motor vehicle accident on 7 July 2012 when the Toyota Camry sedan being driven by the first defendant collided with the driver’s side of the Holden Barina hatchback being driven by the plaintiff at an intersection along Herbert Street in Ingham.

[2]The plaintiff claims damages for personal injuries which she suffered as a consequence. Liability is admitted. The first defendant’s vehicle was insured by the second defendant. What is in issue is the extent and consequences of the plaintiff’s injuries and the quantum of…

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AGLC
Cornwell v Imarisio [2018] QDC 138
Case
[2018] QDC 138
Decision Date

CaseChat Overview and Summary

The case of Cornwell v Imarisio was heard in the District Court of Queensland. The plaintiff, Cornwell, sought damages from the defendant, Imarisio, following a motor vehicle accident in which Cornwell sustained injuries. The court was tasked with assessing the damages for the injuries, including past and future economic loss, as well as the impact on Cornwell's capacity to perform work, and the need for gratuitous care and domestic assistance. Liability was not contested between the parties. The assessment of damages was governed by the Civil Liability Act 2003 (Qld).

The court needed to determine the appropriate measure of damages for Cornwell’s personal injuries. This involved assessing both the past economic losses, which included medical expenses and lost earnings up to the date of trial, and future economic losses, which encompassed ongoing medical costs, rehabilitation, and the impact on Cornwell's earning capacity. Additionally, the court had to evaluate the necessity and cost of gratuitous care and domestic assistance that Cornwell would require in the future. The assessment also needed to consider the remoteness of the damages, ensuring they were directly attributable to the accident.

The court found that Cornwell's injuries significantly impaired his ability to work, leading to substantial economic losses. It assessed the past economic loss by considering medical bills, lost wages, and other relevant expenses. For future economic loss, the court projected Cornwell's diminished earning capacity, taking into account the impact of the injuries on his ability to perform his job and potential need for retraining. The court also determined the necessity of gratuitous care and domestic assistance, and quantified these costs. The remoteness of the damages was deemed to be directly linked to the motor vehicle accident.

The court rendered judgment in favour of Cornwell, awarding damages totaling $458,220.17. The order specified that any submissions regarding costs or a proposed consent order were to be filed within 14 days. The judgment detailed the basis for the award, including the specific amounts allocated for past and future economic loss, gratuitous care, and domestic assistance.

Orders

Orders of the court

1. Judgment for the plaintiff against the defendants in the amount of $458,220.17.

2. Any submission in respect of costs, or alternatively a proposed consent order if the parties are agreed, be filed within 14 days.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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