Evans v Williams

[2018] QDC 210

DISTRICT COURT OF QUEENSLAND

CITATION:

Evans v Williams & Anor [2018] QDC 210

PARTIES:

MARIE MIRELA DANIELLE EVANS
(plaintiff)

v

SUE WILLIAMS
(first defendant)

and

ALLIANZ AUSTRALIA INSURANCE LIMITED

ABN 15 000 122 850
(second defendant)

FILE NO/S:

BD 3922/17

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

Brisbane

DELIVERED ON:

19 October 2018

DELIVERED AT:

Brisbane

HEARING DATE:

4 and 5 October 2018

JUDGE:

Jarro DCJ

ORDER:

Judgment for the plaintiff in the amount of $42,364.27.

CATCHWORDS:

DAMAGES – Personal injuries – Quantum – Where the plaintiff was injured in a car accident – Liability admitted – Dispute as the consequence of the injuries caused by the car accident – Whether the plaintiff has suffered or will suffer loss of earnings as a result of the accident caused injuries

COUNSEL:

RA Myers for the plaintiff

RC Morton for the defendants

SOLICITORS:

Shine Lawyers for the plaintiff

McInnes Wilson Lawyers for the defendants

1. On 24 September 2015 then 51 year old kitchenhand, Ms Marie Evans, was injured in a motor vehicle accident at the intersection of William Berry Drive and Morayfield Road, Caboolture South.  As Ms Evans was attempting to turn right at the intersection, the first defendant, who was travelling in the opposite direction and covered by a policy of insurance with the second defendant, failed to give way and collided with the front right hand side of the vehicle being driven by Ms Evans.        

1. Ms Evans claims to have suffered a musculo-ligamentous lumbar spine injury, bilateral hip injuries and a psychiatric injury as a consequence of the motor vehicle accident.  The defendants dispute the nature and extent of Ms Evans’ claimed injuries.  Liability for the accident has otherwise been admitted. 

1. Ms Evans was born in Mauritius, educated to grade 11 and came to Australia in 1986.  She comes from a family of 11 children.  Ms Evans has occupied a number of jobs throughout her working life in Mauritius and Australia and it was only when her children (who are now aged 32, 29 and 24) were growing up that she was unable to maintain steady employment.  Her youngest child has Asperger’s syndrome.  Ms Evans lost her second husband from cancer about 9 years ago.

1. Following the motor vehicle accident, Ms Evans returned to work the next day.  She called in sick the following day because her pain “was getting really bad”.[1]  She described pain increasing following the accident and that it had “pretty much remained the same since”.  There has been no time following the accident when she had felt “completely free of pain”.[2]  She rated her pain as “three out of ten” as a base line, but described experiencing “ten out of ten” pain approximately every fortnight.[3]  Despite this level of pain, Ms Evans did not seek medical assistance until some considerable time after the motor vehicle accident and has not sought physiotherapy or chiropractic treatment.[4]  

   [1]T1-21.46.

   [2]T1-35.40.

   [3]T1-35.43 – T1-36.5.

   [4]T1-41.10 – T1-41.17.

1. Ms Evans’ first attendance upon a medical practitioner occurred on 4 March…