Kurk v Miller

[2014] QDC 105

DISTRICT COURT OF QUEENSLAND

CITATION:

Kurk v Miller & Anor [2014] QDC 105

PARTIES:

HELEN LOUISE KURK
(Plaintiff)

v

JOHN BARRIE MILLER
(First Defendant)

and

SUNCORP METWAY INSURANCE LIMITED
(Second Defendant)

FILE NO/S:

D146 of 2013

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

16 May 2014

DELIVERED AT:

Southport

HEARING DATE:

4 March 2014

JUDGE:

McGinness DCJ

ORDER:

There will be judgment for the plaintiff against the defendant for damages in the sum of $83,971.28.

CATCHWORDS:

DAMAGES - personal injury – measure of – injury to neck – economic loss

DAMAGES – personal injuries – measure of damages– loss of earnings and earning capacity – whether plaintiff able to perform full time employment – future paid care – whether plaintiff requires paid care

CASES:

Civil Liability Act 2003, Section 55

Malec v JC Hutton (1990) 169 CLR 638
Waller v McGrath & Anor [2009] QSC 158
Hunt v Lemura & Anor [2011] QSC 378
Land v Dhaliwal & Anor [2012] QSC 360
CSR v Eddy [2006] CLR 1

COUNSEL:

M Pope for the Plaintiff
F H Dawson for Second Defendant

SOLICITORS:

Derek Geddes Solicitors for the Plaintiff
Bray Lawyers for the Second Defendant

1. The plaintiff claims damages for personal injuries suffered on 8 October 2011.  On this date the first defendant drove his vehicle through a red light and collided with the plaintiff’s vehicle.  The defendants admit liability. 

1. The parties have agreed on a number of heads of damage; however quantum remains in issue regarding future economic loss and future paid care.

The Plaintiff’s Evidence

1. The plaintiff is aged 43 being born on 12 May 1970.  She resides at Currumbin Waters with her husband and two children aged six and eight years.  She left school in Year 10 and has no formal qualifications.  She is employed as an administration officer at Australian Unit Administration Pty Ltd at Mermaid Beach.  She has been employed with the same company since 1 November 1999, a period of over 14 years.  The plaintiff was employed on a full time basis until she had her two children. At present she is employed on a part-time basis and works 27 hours each week over 4 days.  Her duties are in clerical computer based administration work.[1]  She spends most of her day in front of the computer. Very occasionally she carries out other duties such as making phone calls and photocopying.  Her present goal is to return to full time work when the children commence high school, when they are aged 12 to 13 years[2].  The plaintiff works in an office comprised of full-time and part-time employees.

   [1] T5,L20

   [2] T6,L25-30

1. The plaintiff was in good health prior to the accident apart from an episode of plantar fasciitis which caused her to have a break from playing netball[3]. It is not submitted that this injury affected her, post accident, in relation to performing household or work duties.

   [3] T12, L35-50

1. Immediately after the collision the plaintiff felt pain to her right arm,…