Knight v Johnston

[2014] QMC 11

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Knight v Johnston & Anor [2014] QMC 11

PARTIES:

LUKE KNIGHT

(Plaintiff)

v

GRACE JOHNSTON

(1^st Defendant)

and

RACQ INSURANCE LIMITED

(2^nd Defendant)

FILE NO/S:

M12096/13

DIVISION:

Magistrates Courts

PROCEEDING:

Damages – Personal Injuries

ORIGINATING COURT:

Magistrates Court Brisbane

DELIVERED ON:

24 March 2014

DELIVERED AT:

Brisbane

HEARING DATE:

19 February 2014

MAGISTRATE:

The Honourable Judge Carmody QC

ORDER:

Judgment for the plaintiff in the sum of $6,020.70 ($300.70 + $5,720).

CATCHWORDS:

TORTS - NEGLIGENCE - PERSONAL INJURY –  future economic loss

COUNSEL:

K Howe for the first and second defendants

SOLICITORS:

Plaintiff appeared on own behalf

Cooper Grace Ward Solicitors for the first and second defendants.

Plaintiff appeared on own behalf

The issues

1. The self representing plaintiff claims damages for ongoing back problems resulting from a rear end motor vehicle accident (MVA) on 22 May 2011.

1. Liability is admitted. Specials are agreed at $300.70. Quantum for general damages and further economic loss is contested by the third party insurer.

Medical evidence

1. The plaintiff had no history of back or neck pain prior to the MVA.

1. Exhibit 2 records that he had back pain in the lower thoracic and lumbar regions on 1 June 2011.

1. On 2 June a pathologist reported a 25% loss of height anteriorly in the T11 due to wedging. Otherwise body alignment, disc spaces and joints were all within normal limits.

1. By 6 June 2011 pain was decreasing without help of analgesics.

1. An MRI scan on 15 June 2011 revealed multi-level prominent schmorls nodes in the mid to lower thoracic spine from T6 inferiorly to T12. Mild wedging of T8 to T12 from a maximal at T11 with slight posterior disc bulging at T11-12 was evident. No features of acute crush fracture were apparent. Scheuermann’s disease was the most likely cause.

1. The back injury was investigated by orthopaedic surgeon, Dr Cameron Cooke, on 12 October 2012 at the Mater Private Hospital.

1. Dr Cooke’s report (ex. 3) recites his qualifications and experience in orthopaedics. He has been Director of Orthopaedics at the Princess Alexandra Hospital since January 2004 and continues to conduct private practice. He is specially trained and certified to evaluate permanent impairment.

1. The plaintiff expressed some concerns about Dr Cooke’s expertise and that his professional opinions were too unreliable to justify much weight.

1. However, I am amply satisfied that Dr Cooke has specialised knowledge based on his training study and experience in the orthopaedic field and that he has expressed opinions are primarily based on that knowledge.

1. Dr Cooke’s diagnosis was of muscular ligamentous strain of the lower thoracic and upper lumbar spine which he described as a “minor injury” consistent with involvement in a motor vehicle accident.

1. Dr Cooke considered the plaintiff had a good prognosis and did not believe he needed any domestic assistance. No ongoing intervention or therapeutic treatment was indicated either.

1. The injury from the road accident, according to Dr Cooke, was not likely to cause any restriction to future employment prospects. No surgery,…