McCreary v Whitney

The case of McCreary & Anor v Whitney before the Supreme Court of Tasmania involves an assessment of damages claimed by Noel Hay McCreary and Doreen Rose McCreary for personal injuries sustained in a motor vehicle accident on 12 September 1985. Noel, aged 59, suffered a severe sprain of the wrist, while Doreen, also aged 59, sustained a transient loss of consciousness, undisplaced skull fracture, and soft tissue damage to her lumbar spine, among other injuries. The court was tasked with determining the appropriate general damages for both plaintiffs based on their injuries, ongoing pain and suffering, and the impact on their lifestyles and enjoyment of life.

The legal issues the court needed to resolve included the extent and permanency of the injuries, the quantification of general damages, and the consideration of future medical needs and lifestyle changes. Specifically, the court had to assess the probability of arthritis in Noel's wrist and its potential treatment, as well as the chronic pain and restricted activities for Doreen. Furthermore, the court considered the loss of enjoyment of a planned holiday to the Cook Islands, which was cancelled due to Doreen's injuries, and whether this constituted a recoverable loss of amenity.

The court's reasoning, as delivered by Cox J, involved a detailed analysis of medical evidence, expert opinions, and the plaintiffs' testimonies. For Noel, the court found a 10% permanent disability of his right arm and awarded $7,000 in general damages, taking into account the ongoing pain, medication costs, and potential future surgery. For Doreen, the court assessed her injuries as causing moderate to severe ongoing pain and significant lifestyle restrictions. The court awarded her $20,000 in general damages, reflecting the loss of enjoyment of life, reduced ability to engage in hobbies, and the cancelled holiday, which was deemed a reasonably foreseeable consequence of the accident.

The final orders of the court included the assessment of general damages for Noel at $7,000 and for Doreen at $20,000, inclusive of the additional compensation for the lost holiday opportunity. This comprehensive approach ensured that the plaintiffs were fairly compensated for the physical, emotional, and lifestyle impacts of the accident.