Hooper v King

[2011] QSC 324

SUPREME COURT OF QUEENSLAND

CITATION:

Hooper v  King [2011] QSC 324

PARTIES:

VIVIEN BARBARA HOOPER

Plaintiff

ANTHONY CLIFFORD KING

First Defendant

SUNCORP METWAY INSURANCE Ltd (ACN: 075695966)

Second Defendant

FILE NO/S:

S369/09

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court Rockhampton

DELIVERED ON:

21 November 2011

DELIVERED AT:

Rockhampton

HEARING DATE:

27-28 October 2011

JUDGE:

McMeekin J

ORDERS:

Judgment for the plaintiff in the sum of $501,000,14

CATCHWORDS

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES –  where liability admitted - where plaintiff was unemployed for the thirteen years prior to accident - where asymptomatic degeneration in lower back was present prior to accident - whether plaintiff would have been able to obtain and maintain employment - whether plaintiff satisfies requirements for gratuitous assistance

Civil Liability Act 2003 (Qld)

Civil Liability Regulation 2003 (Qld)

Allwood v Wilson & Anor [2011] QSC 180

CSR Ltd v Eddy (2005) 226 CLR 1

Griffiths v Kerkemeyer (1977) 139 CLR 161

Hopkins v Workcover Qld [2004] QCA 155

Kriz v King & Anor [2006] QCA 351

Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

Purkess v Crittenden (1965) 144 CLR 164

Sharman v Evans (1977) 138 CLR 563

Shaw v Menzies & Anor [2011] QCA 197

Smith v Topp [2003] QCA 397

Van Gervan v Fenton (1992) 176 CLR 327

Watts v Rake (1960) 108 CLR 158

COUNSEL:

G.C.Crow SC, S.Deaves for the Plaintiff
G.C.O’Driscoll for the Defendants

SOLICITORS:

Chris Trevor & Associates for the Plaintiff
Grant & Simpson for the Defendants

1. MCMEEKIN J: The plaintiff, Vivien Barbara Hooper, claims damages for personal injury suffered on 8 August 2006 in a motor vehicle accident. The first defendant’s vehicle ran into the rear of the plaintiff’s stationary Land Cruiser whilst the plaintiff was waiting to turn right off the Bruce Highway. Liability is admitted. I am required to assess damages.

1. Ms Hooper was born on 16 August 1952. She was a few days off her 54^th birthday when injured and is now 59 years of age.

1. The assessment is governed by the provisions of the Civil Liability Act 2003 (“CLA”) and the Civil Liability Regulation 2003 (“the Regulations”).

1. The parties differ widely in their submissions. The defendant contended for an award of $54,550 and the plaintiff for an award of $809,383.55. Essentially the defendants’ argument is that the plaintiff’s claims for economic loss and the provision of care ought to be assessed at a fairly minimal level because of the impact that pre-existing degenerative change of the lumbar spine would have had upon her had the subject accident not occurred.

1. I will assess each head of loss in turn.

General Damages

1. The plaintiff was plainly a sincere person, honest in her presentation.  She was supported in her claims as to her disabilities by her daughter and the friends who were called.

1. The defendants referred to the report of Dr Licina, an orthopaedic surgeon who saw the…