Costin v Copson

[2017] QDC 183

DISTRICT COURT OF QUEENSLAND

CITATION:

Costin v Copson & Anor [2017] QDC 183

PARTIES:

NEIL GREGORY COSTIN
(plaintiff)

v

MARK WILLIAM COPSON
(first defendant)

and

ALLIANZ AUSTRALIA INSURANCE LIMITED
(second defendant)

FILE NO/S:

983/2016

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

Brisbane District Court

DELIVERED ON:

28 June 2017

DELIVERED AT:

Brisbane

HEARING DATE:

19, 20 June 2017

JUDGE:

Reid DCJ

ORDER:

1.   Judgment for the plaintiff in the sum of $66,048.00, inclusive of interest. 

2.   I will hear argument as to costs.

CATCHWORDS:

PERSONAL INJURY – QUANTUM OF DAMAGES – assessment of damages – measure of damages – whether plaintiff will suffer future economic loss –  where plaintiff suffers persistent neck pain – where plaintiff lives in Denmark –  where plaintiff has not suffered past economic loss – where asymmetry of movement – where symptoms effect ability to engage in activities and perform tasks

COUNSEL:

G A Hampson for the plaintiff
N R Jarro for the defendant

SOLICITORS:

O’Donnell Legal for the plaintiff
Moray & Agnew for the defendant

Allianz Australia Insurance Ltd v McCarthy [2012] QCA 312

Ballesteros v Chidlow and Anor [2006] QCA 323

Ingersole v Nancarrow [2016] QDC 315

Introduction

1. The plaintiff was injured in a motor vehicle accident on 4 March 2014.  He was the front seat passenger in a motor vehicle struck from behind the vehicle driven by the first defendant, and insured with the second defendant.  As a consequence of the first defendant’s vehicle striking the vehicle in which the plaintiff was a passenger it in turn struck the vehicle in front.  A concertina collision then eventuated, involving a number of cars.

1. The second defendant has admitted liability for the accident.  The only issue is the quantum of the plaintiff’s claim.

Background

1. Mr Costin was born on 18 July 1964 and is currently almost 53 years of age.  Although he was born in Australia he has resided in Denmark for the last 20 years.  He is married with one dependent daughter who was born 22 September 2012.  His wife is a school teacher. He works with a local authority in Denmark. He is a qualified painter but has experience in a number of fields, including kitchen renovations and servicing ventilation units. The work he does seems to largely involve painting, but also often maintenance of schools and old person’s homes.

1. He has a prior history of some lower back and right knee problems, to which I shall later refer, but no history of neck problems. I note a reference in a report of Dr McPhee of the plaintiff telling him that prior to the accident he woke occasionally with some neck stiffness but the plaintiff said this was a minor and occasional, and Dr McPhee did not appear to place any importance on it.

1. At the time of the accident he was in Australia visiting his family.  He was working to assist in his brother’s sign making business. He obtained 12 months leave from his Danish employment and came to Australia in June 2013.…