Green v Discombe

In Green v Discombe, the plaintiff, Brett Mark Green, a thirteen-year-old boy at the time, was injured in a collision with the defendant's vehicle on Sunshine Boulevard on the Gold Coast. The court had to decide the extent of the defendant's negligence and the extent to which the plaintiff was contributory negligent. The plaintiff suffered a severe closed head injury resulting in spastic incomplete quadriplegia, significant loss of cognitive and physical function, and other disabilities. The court had to determine the damages for the plaintiff's injuries, which included pain and suffering, economic loss, future care, and other expenses.

The court found that the defendant was primarily negligent, having failed to see the plaintiff until the last moment, while the plaintiff was only 20% contributory negligent. The court awarded the plaintiff damages of $2,555,939 before deduction for contributory negligence. The court considered various factors, including the plaintiff's past and future economic loss, pain and suffering, future care, and other expenses. The court ordered the defendant to pay the plaintiff $2,050,287 together with costs, including reserved costs if any, to be taxed. The court also ordered a protection order in respect of the money awarded to the plaintiff.

In summary, the court found the defendant primarily negligent in the collision, awarded the plaintiff substantial damages for his injuries, and ordered the defendant to pay the plaintiff the awarded amount together with costs. The court also ordered a protection order in respect of the money awarded to the plaintiff.