Gorlick v Behan

[2016] QDC 357

DISTRICT COURT OF QUEENSLAND

CITATION:

Gorlick v Behan & Anor [2016] QDC 357

PARTIES:

GLYNIS JOYE GORLICK
(Plaintiff)

v

TAMMY BEHAN
(First Defendant)

And

AAI LIMITED (ABN 48 05 297 807) TRADING AS SUNCORP INSURANCE
(Second Defendant)

FILE NO/S:

No 198 of 2015

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

22 December 2016

DELIVERED AT:

HEARING DATE:

Townsville

18 to 20 May 2016.

JUDGE:

Durward SC DCJ

ORDERS:

1. Judgment for the plaintiff in the sum of $95,470.20.

2. The second defendant to pay the plaintiff’s costs.

CATCHWORDS:

LEGISLATION:

CASES:

TORTS – PERSONAL INJURIES – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – road accident – where vehicle driven by defendant is a garbage truck – where plaintiff is a pedestrian – where facts in dispute – where liability in issue – where plaintiff suffered injuries caused by the accident – whether plaintiff contributorily negligent.

TORTS – PERSONAL INJURIES – DAMAGES – QUANTUM – LOSS & DAMAGE – ECONOMIC LOSS - plaintiff suffered injuries caused by the accident – where extent of injuries in dispute – where plaintiff had existing health and medical conditions – where damages in issue – where quantum in issue – where general damages assessed pursuant to Civil Liability Act 2003 (Qld) – ISV assessment – past economic loss – future economic loss – special damages – where plaintiff continued to work after the accident – where plaintiff intends to continue working.

Sections 9, 23, and 55 Civil Liability Act 2003; Shedules 4 and 7 Civil Liability Regulation 2003; Section 10(1) Law Reform Act 1995.

Wyong Shire Council v Shirt (1980) 146 CLR 40; Anikan v Sierra [2004] HCA 64; Jonesv Dunkel (1959) 101 CLR 298; Manley v Alexander (2005) 80 ALJR 413; Green v Hanson Construction Materials Pty Ltd [2007] QCA 260; Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALJR 492; Chandley v Roberts [2005] VSCA 273; Pennington v Norris (1956) 96 CLR 10; McDonald v FAI Insurance Co Ltd [1995] QCA 436; Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; Ballesteros v Chidlow & Anor [2006] QCA 323; Nicholls v Curtis & Anor [2010] QCA 303.

COUNSEL:

Ms V Keegan for the Plaintiff.
Mr R Green for the First and Second Defendants.

SOLICITORS:

Shine Lawyers for the Plaintiff.
Jensen McConaghy for the First and Second Defendants.

[1] The first defendant is an employee of the Townsville City Council and was the driver of a garbage truck. The second defendant is a licensed insurer pursuant to the Motor Accident Insurance Act 1994 and liable to indemnify the first defendant in respect of any judgment made against the first defendant.

[2]      In this proceeding the plaintiff seeks damages for personal injuries and other loss and damage, arising from an incident near 6 Koro Court, Kelso in Townsville, on 28 October, 2013, said to been caused by the negligence of the first defendant, together…