Good v Czislowski

[2013] QDC 68

DISTRICT COURT OF QUEENSLAND

CITATION:

Good v Czislowski & Anor [2013] QDC 68

PARTIES:

JUNE VERONICA GOOD
(Plaintiff)

and

LESLIE JOHN CZISLOWSKI
(Defendant)

and

ALLIANZ AUSTRALIA INSURANCE LTD
(Defendant)

FILE NO/S:

D 42 / 2010 (Hervey Bay)

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Hervey Bay

DELIVERED ON:

Wednesday, 17 April 2013

DELIVERED AT:

Brisbane

HEARING DATE:

11, 12, 13 March 2013

JUDGE:

R S Jones DCJ

ORDERS:

1.          Damages are awarded in the sum of $148,946.00;

2.          I will hear from the parties as to costs.

CATCHWORDS:

DAMAGES FOR PERSONAL INJURIES – Civil Liability Act 2003 – nature and extent of injuries suffered by plaintiff – primary claim for past and future care of plaintiff – assessment of general damages – assessment of special damages

Civil Liability Act 2003

Civil Liability Regulation 2003

Munzer v Johnston [2008] QSC 162 – cited

Shaw v Menzies & Anor [2011] QCA 197 – cited

Land v Dhaliwal [2012] QSC 360 – referred to

COUNSEL:

Mr R Morton for the plaintiff

Mr A S Mellick for the defendant

SOLICITORS:

Morton & Morton for the plaintiff

McInnes Wilson Lawyers for the defendants

1. This proceeding was concerned with the assessment of damages for the plaintiff, Ms Good, resulting from personal injuries suffered by her as a result of a motor vehicle accident.  Liability was admitted.  At trial, the plaintiff contended for total damages in the sum of $272,207.56 and on behalf of the defendant $24,218.55.  For the reasons set out below damages are assessed at $148,946.00.

Background

1. The plaintiff is a married woman born 20 June 1943 and was only two days shy of her 63^rd birthday when she was involved in a motor vehicle accident on 18 June 2006.  At the date of trial, the plaintiff was some three months shy of her 70^th birthday.  At the time of the accident, the plaintiff and her husband were retired and there is no claim for economic loss.  The parties were agreed that a woman of the plaintiff’s age had a statistical life expectancy of 18 years.  However, there was considerable debate about the state of health of the plaintiff at the time of the accident.

1. On 18 June 2006, the plaintiff was riding her pushbike along Elizabeth Street at Hervey Bay when she was struck by the bullbar of a Toyota Land Cruiser.  She fell to the ground with sufficient force to fracture the helmet she was wearing.  It was pleaded that by reason of the negligence of the driver of the four-wheel drive that the plaintiff suffered injuries including:

   (i)         extensive bruising;

   (ii)        injury to cervical spine;

   (iii)       injury to the chest-wall;

   (iv)       injury to the sternum.

2. That those injuries were suffered by the plaintiff was admitted by the defendants, but it was alleged that each of them was more limited, temporary, and superficial than alleged.  According to the defendants, the plaintiff’s claims “are grossly exaggerated”[1].

   [1]Defendant’s written submissions at para 3.

The issues

1. The two central and interrelated issues…