Dirks v Girle

[2013] QMC 28

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Dirks v Girle & Anor [2013] QMC 28

PARTIES:

CHRISTOPHER JOHN WARWICK DIRKS

(plaintiff)

v

DIANA ALEXANDRA GIRLE

(first defendant)

­and

ALLIANZ AUSTRALIAN INSURANCE LIMITED

(second defendant)

FILE NO/S:

M9283/12

DIVISION:

Magistrates Court

PROCEEDING:

Claim for damages for personal injuries

ORIGINATING COURT:

Magistrates Court at Brisbane

DELIVERED ON:

6 December 2013

DELIVERED AT:

Brisbane

HEARING DATES:

23 October 2013, 24 October 2013

MAGISTRATE:

Callaghan CJ

ORDER:

Judgment for the Plaintiff against the second Defendant in the sum of $63,744.30

CATCHWORDS:

PERSONAL INJURIES – ASSESSMENT OF DAMAGES – tenderness to cervical spine musculature - general damages – future economic loss global basis

Civil Liability Act 2003

COUNSEL:

S Neaves for the plaintiff

R Lynch for the second defendant

SOLICITORS:

Queensland Law Group for the plaintiff

Sciacca’s Lawyers for the second defendant

1. On 3 March 2010, the plaintiff was driving a Mitsubishi sedan along Wellington Road towards Logan Road passing the intersection of Nile Street at East Brisbane.

1. At the same time, the first defendant was driving a Renault sedan along Nile Street on to Wellington Road.

1. The first defendant’s vehicle struck the plaintiff’s vehicle.

1. The second defendant is the licensed insurer for the first defendant and has admitted liability for the first defendant’s negligence.

1. The plaintiff seeks damages for personal injuries suffered as a result of the collision.

1. The plaintiff sustained a soft tissue injury to his cervical spine.

1. He was born on 26 September 1990, which makes him 23 years of age now and 19 at the time of the accident.

1. The parties have agreed on three items of quantum. They are:-

(i)          the plaintiff has expended $130.00 in general practitioner consultations;

(ii)        the plaintiff has expended $14.80 in travelling expenses;

(iii)        the cost per packet of panadol or nurofen is $5.00;

(iv)       Interest on past losses should be calculated at 1.7% per annum;

(v)        On any future economic loss, the loss of employer funded superannuation should be calculated at 9.25%;

1. Damages which need to be assessed are therefore:-

(1)   general damages;

(2)   past out of pocket expenses

(3)   past economic loss;

(4)   future medical/special damages;

(5)   future economic loss;

(6)   future losses of employer funded superannuation.

1. These proceedings are governed by the Civil Liabilities Act 2003.

1. The onus is on the plaintiff to prove his case on the balance of probabilities.

The Evidence

1. Two to three hours after the accident, the plaintiff attended upon his general practitioner Dr Luu.  DR Luu noted that he complained of a sore neck, no headache, but mild back pain. The plaintiff in his evidence said that he couldn’t recall whether or not he complained about having a headache but that he did tell Dr Luu that he felt pain in his neck and pins and needles down his left arm.  On examination, Dr Luu noted with respect to his neck that he had mild soreness over the lower cervical region, he was very sore and tight over the left side of the neck muscle and he…