Marshall v Corbett

[2023] QDC 211

DISTRICT COURT OF QUEENSLAND

CITATION:

Marshall v Corbett & Anor [2023] QDC 211

PARTIES:

KEITH DANIEL MARSHALL

(plaintiff)
v
LYNN CORBETT
(first defendant)
and

ALLIANCE AUSTRALIA INSURANCE LIMITED (ABN 15 000 122 850)

(second defendant)

FILENO:

1365/22

DIVISION:

Civil

PROCEEDING:

Claim

DELIVEREDON:

22 November 2023

DELIVEREDAT:

Brisbane

HEARINGDATE:

9 and 10 October 2023

JUDGE:

Farr SC, DCJ

ORDER:

1.   The claim is dismissed.

2.   The parties to be heard on costs.

CATCHWORDS:

DAMAGES – ASSESSMENT OF DAMAGES IN TORT –

PERSONAL INJURY – GENERALLY - Where the plaintiff’s motorcycle collided with the first defendant’s Mazda motor vehicle – where the place of collision was constituted by a single lane of traffic in each direction separated by line markings on the roadway – where the plaintiff’s motorcycle struck the first defendant’s motor vehicle from behind as it was turning right – where there was significant inconsistency in the plaintiff’s evidence – where the plaintiff agreed in interview with police to the first defendant’s account of how the collision occurred and conceded he saw a vehicle travelling in front of him but did not appreciate it was slowing as he was looking at the traffic lights ahead which made it too late to avoid collision – where the first defendant was an impressive witness of reliability and credibility – where the plaintiff appeared to have little actual recollection of the accident – where the plaintiff claimed he gave inaccurate information to police due to him feeling intimidated or as a consequence of pain or medication – where this is not supported by the recorded interviews – where the first defendant was not negligent in the operation of her vehicle – where the plaintiff failed to keep a proper lookout, travel at a safe speed and keep a safe distance from

the vehicle in front – where the plaintiff’s claim must fail -

where the plaintiff suffered admitted injuries including a fracture to the right femur, left and right sided rib fractures, a pneumothorax, a sternal fracture and a fracture to the left clavicle - where the plaintiff also claims he suffered further injuries that are not admitted including a flail chest, thoracic spin compression and a psychiatric injury - where the plaintiff submits that whilst largely recovered from the injuries sustained as a result of the accident, he suffered losses entitling him to damages – where the second defendant denies liability and disputes quantum

LEGISLATION:

Civil Liability Act 2003, s 55, s 61, s 61(1)(a), s 61(1)(c),

Civil Liability Regulation 2014, Sch 3 s 2(1), Sch 3 s 2(2),

Sch 3 s 4, Sch 4, Sch 7

Traffic Operations Road Use Management Act 1995, s 126

CASES:

Brittain v The Commonwealth of Australia [2004] NSWCA 83

Clark v Hall [2006] QSC 274
Hirst v Nominal Defendant [2005] 2 Qd R 133
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

Medlin v State Government Insurance Commission (1995) 182 CLR 1

Meechan v Savco Earth Moving Pty Ltd [2021] QCA 264