Lowe v Nominal Defendant

Lowe sued Nominal Defendant for injuries sustained in a road accident for which Nominal Defendant admitted liability. The plaintiff sought damages for economic loss, non-economic loss and pain and suffering. The case was heard in the Supreme Court of Queensland. The central issue was the appropriate quantification of the plaintiff’s non-economic loss and pain and suffering. The court was required to determine the impact of the plaintiff’s reduced earning capacity on the assessment of damages. It also had to consider the impact of the plaintiff’s pre-existing medical conditions.

The court considered that the plaintiff’s reduced earning capacity, due to the reduced income from part-time work, resulted in a 20% reduction in the assessment of non-economic loss and pain and suffering. The court also determined that the plaintiff’s pre-existing medical conditions did not materially impact the assessment of damages. The court concluded that the plaintiff should be awarded $149,368.88 in damages.

The court ordered that judgment be entered in favour of the plaintiff and against the defendant for $149,368.88. The court also ordered that costs be reserved.