SUPREME COURT OF QUEENSLAND
CITATION:
Leonardi v Payne & Anor [2009] QSC 382
PARTIES:
SUSAN MAREE LEONARDI
(plaintiff)
v
CLINTON JAMES PAYNE
(first defendant)
ALLIANZ AUSTRALIA INSURANCE LIMITED
ACN 000 122 850
(second defendant)FILE NO:
SC No 868 of 2007
DIVISION:
Trial
PROCEEDING:
Personal Injury – Quantum
ORIGINATING COURT:
Supreme Court at Townsville
DELIVERED ON:
26 November 2009
DELIVERED AT:
Townsville
HEARING DATE:
17 November 2009, 18 November 2009
JUDGE:
Cullinane J
ORDER:
Judgment for the plaintiff against the defendants in the sum of $432,297
CATCHWORDS:
TORTS – NEGLIGENCE – PERSONAL INJURY – ASSESSMENT OF DAMAGES – where plaintiff’s cause of action admitted – where the plaintiff claims damages for personal injuries – where the plaintiff was injured by a vehicle driven by the first defendant – where the plaintiff sustained injury to her shoulder and cervical spine – whether the injuries have impaired the plaintiff’s capacity to work – whether plaintiff entitled to gratuitous damages for past and future care
Civil Liability Act 2003 (Qld), s 59
Civil Liability Regulation 2003 (Qld), s 4Kriz v King [2007] 1 Qd R 327; [2006] QCA 351, cited
CSR Ltd v Eddie (2005) 222 ALR 1; [2005] HCA 64, cited
Sullivan v Gordon (1999) 47 NSWLR 319, citedCOUNSEL:
P Lafferty for the plaintiff
A Philp SC for the first and second defendantsSOLICITORS:
Roati & Firth Lawyers for the plaintiff
Sciacca’s Lawyers and Consultants for the first and second defendants
The plaintiff claims damages for personal injuries sustained by her in a motor vehicle accident on 4 October 2004.
Her cause of action is admitted. She was born on 13 February 1971.
She was injured when a vehicle driven by the first defendant collided with the rear of a vehicle driven by the plaintiff which was stationary at the time of the collision.
I am satisfied that the plaintiff sustained soft tissue injury to the cervical spine and a right shoulder injury with partial thickness rotator cuff tendon tear.
She was not hospitalised. She attended a chiropractor apparently being able to take advantage of an appointment already held by a friend. She had a number of chiropractic attendances and subsequently physiotherapy and massage treatment. Notwithstanding this treatment the plaintiff has continued to suffer symptoms in the cervical spine and in the right shoulder and right arm.
In her statement, exhibit 3, she sets out the various complaints which she has in her spine and in her shoulder and arm. The pain is constant but varies in intensity. She has had some acute episodes of pain which have required medical treatment and in one case, hospitalisation.
There is a substantial dispute between the medical specialists called on behalf of each party. It is the plaintiff's case that she suffers a significant disability of the shoulder and cervical spine, the combined effects of which have destroyed or greatly impaired her capacity to work. The defendants' case is that she has no ongoing disability of any significance and…
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- AGLC
- Leonardi v Payne [2009] QSC 382
- Case
- [2009] QSC 382
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the quantum of damages the plaintiff was entitled to for her injuries. The court had to assess the extent of the injuries, their impact on the plaintiff's ability to work, and the appropriate compensation for past and future care. The plaintiff argued that the injuries had significantly impaired her capacity to work, while the defendants contended that the injuries were not as severe as claimed.
In delivering judgment, the court found that the plaintiff's injuries were genuine and had indeed impaired her capacity to work. The court considered medical evidence and expert opinions in determining the appropriate level of compensation. The court awarded the plaintiff $432,297 in damages, reflecting the severity of her injuries and the impact on her ability to work. The court held that the plaintiff was entitled to both past and future care costs, as well as gratuitous damages for the impairment of her earning capacity.
The final orders of the court were that judgment be entered in favour of the plaintiff against the defendants, with damages in the sum of $432,297. The plaintiff was thus awarded compensation for her injuries and the impact on her capacity to work, as determined by the court.
Orders
Orders of the court
Judgment for the plaintiff against the defendants in the sum of $432,297
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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