Gialouris v Surfside Buslines Pty Ltd

District Court

New South Wales

Case Title:	Gialouris v Surfside Buslines Pty Ltd
Medium Neutral Citation:	[2014] NSWDC 223
Hearing Date(s):	21 and 22 July 2014
Decision Date:	19 September 2014
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Judgment for the plaintiff for the sum of $1,442.80. (2) Costs reserved with liberty to apply. (3) Exhibits retained for 28 days.
Catchwords:	TORT - personal injury - assessment of damages - causation - plaintiff suffers injury when a bus in which she and her husband are passengers brakes suddenly - plaintiff seeks medical assistance for minor injuries but later claims serious shoulder injury - accounts given by the plaintiff and her husband to police, ambulance and hospital differ signficantly from the plaintiff's evidence in court - defendant's expert witness changes opinion as to causation after receiving information about the earlier inconsistent statements - defendant calls evidence from the bus driver which is consistent with the plaintiff's initial version of events - reconciling different versions by a plaintiff of an accident - reliability of statements made to health professionals - role of credit findings - assessment of damages
Legislation Cited:	Motor Accident Insurance Act 1994 (Qld) Uniform Civil Procedure Rules 2005 (NSW), r 42.35
Cases Cited:	Container Terminals Australia v Huseyin [2008] NSWCA 320 Davis v Council of the City of Wagga Wagga [2004] NSWCA 34 Ferguson v McDonalds [2005] NSWCA 401 Gulic v O'Neill [2011] NSWCA 361 Hill v Richards [2011] NSWCA 291 Kappadoukas v Fransepp Pty Ltd [2006] NSWCA 366 Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Mason v Demasi [2009] NSWCA 227 Mastronardi v State of New South Wales [2009] NSWCA 270 McGlen-McLeod v Galloway [2011] NSWDC 163 McGlen-McLeod v Galloway [2012] NSWCA 368 Nominal Defendant v Kostic [2007] NSWCA 14 Tchen v Nominal Defendant [2010] NSWCA 245 Whalan v Kogarah Municipal Council [2007] NSWCA 5
Texts Cited:	-
Category:	Principal judgment
Parties:	Plaintiff: Rena Gialouris Defendant: Surfside Buslines Pty Ltd
Representation
- Counsel:	Plaintiff: Dr S C Thorton Defendant: Ms C J Allan
- Solicitors:	Plaintiff: Schreuder Partners Defendant: McInnes Wilson Lawyers
File Number(s):	2013/283635
Publication Restriction:	None

JUDGMENT

The plaintiff's pleaded claim for damages

1. The plaintiff brings proceedings pursuant to Motor Accident Insurance Act 1994 (Qld) for injuries suffered on 6 September 2011 when the plaintiff, while a passenger in the defendant's bus, suffered injuries when the bus driver suddenly applied the brakes.

2. According to the original statement of claim in these proceedings filed on 19 September 2013, the plaintiff's injuries were suffered when she was "thrown heavily forwards striking the glass screen in front of her". This is consistent with her description of her injuries when she was taken to the Robina Hospital, where her injuries were described as:

   "[The plaintiff] was forced forward and [the plaintiff's] left eyebrow collided with the glass at the front of the bus, [the plaintiff] had a small laceration to the L eyelid which had stopped bleeding prior to QAS arrival. No neck or back pain."

3. The…