Lesley Anne Hunt v ANAGIRO Protonotarios

[2007] ACTSC 16

LESLEY ANNE HUNT v ANAGIRO PROTONOTARIOS & ANOR
[2007] ACTSC 16 (12 March 2007)

NEGLIGENCE – causation – motor vehicle accidents in 1987 and 2001 – reduction of damages for first accident to take account of injuries in supervening accident.
DAMAGES – personal injury – motor vehicle collision – injury to cervical spine – neck pain and headaches – no issue of principle.

State Government Insurance Commission v Oakley (1990) Aust Torts Reps 81-003, followed
Donaldson v Canberra Tyre Service [2004] ACTSC 26, considered
Cairns v Woolworths [2005] ACTSC 95, considered

No.  SC 775 of 1997

Judge:             Master Harper
Supreme Court of the ACT

Date:              12 March 2007

IN THE SUPREME COURT OF THE  )
  )  No.  SC 775 of 1997
AUSTRALIAN CAPITAL TERRITORY  )

BETWEEN:LESLEY ANNE HUNT

Plaintiff

AND:ANAGIRO PROTONOTARIOS

First Defendant

AND:AMY LEENDERS

Second Defendant

ORDER

Judge:  Master Harper
Date:  12 March 2007
Place:  Canberra

THE COURT ORDERS THAT:

Judgment be entered for the plaintiff against the first defendant in the sum of $368,951.44.

1. The plaintiff commenced this action claiming damages for personal injury arising out of two motor vehicle collisions, on 11 November 1987 and 14 May 2001. Shortly before the hearing the plaintiff and the second defendant reached agreement, and consent judgment has since been entered against the second defendant for $86,569.00 plus costs.

The plaintiff’s evidence

1. The plaintiff was born on 16 April 1954. She completed year twelve at school and worked for a year at a department store in Batemans Bay. In 1972 she moved to Canberra and joined the Department of the Army as a public servant. In 1974 she married a soldier, Kingsley Hunt. They had various moves within Australia over the years of his army service. Since March 1977 the plaintiff has herself been a member of the Army Reserve. She has two children, a daughter aged almost 30 and a son of 27.

1. During the 1980s the plaintiff served with Sydney University Regiment, which held a sixteen-day camp each January. During the 1985 camp the plaintiff was working in a group operating targets on a rifle range. A rectangular metal target frame fell and struck her head. The frame was about 2 metres high and 1 metre wide. She felt giddy and nauseous. A lump formed on her head. A few hours after the accident she was taken to Royal Canberra Hospital. She was x-rayed and placed under observation for several hours. She had severe headaches for a number of weeks. Her headaches and neck pain continued throughout the year. At the next Sydney University Regiment camp in January 1986, she required medical attention for headaches.

1. In October 1986 the plaintiff rejoined the Public Service. With the exception of a period of leave without pay from 1991 to 1993, she has worked there full-time since.

1. On 11 November 1987, she was driving south on Marcus Clarke Street, Canberra City. The first defendant was driving East on Rudd Street and drove through a give-way sign. The…