McQuitty v Midgley

In the case of McQuitty v Midgley, the plaintiff sought damages following a motor vehicle accident that resulted in a brain injury. The dispute centred on the classification of the severity of the brain injury, the impact of the plaintiff's pre-existing personality issues and the appropriate assessment of damages, including the valuation of gratuitous care provided by family and friends. The matter was heard in the Queensland Supreme Court.

The central legal issues before the court involved determining the appropriate "injury scale value" under the Civil Liability Regulation 2003 (Qld) for the brain injury sustained by the plaintiff, assessing whether the injury was "moderate" or "serious," and considering whether the plaintiff's pre-existing conditions warranted a reduction in the "injury scale value." Additionally, the court had to determine the adequacy of the evidence supporting the plaintiff's claimed need for five to twelve hours of daily care, both past and future.

The court considered the evidence presented, including expert reports and testimonies regarding the severity of the brain injury and the plaintiff's pre-existing personality issues. It evaluated the conflicting evidence about the extent and nature of the gratuitous care provided by family and friends. Ultimately, the court found that the brain injury was serious and awarded damages, taking into account the various factors and evidence presented. The court concluded that the appropriate "injury scale value" should not be uplifted due to the plaintiff's pre-existing conditions and that the evidence supported a need for care of up to twelve hours per day.

The court's orders were that the total damages awarded to the plaintiff were $2,719,500.05. The parties were directed to make written submissions regarding further orders within seven days.