SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Ryrie v Tanner (No 2) |
Citation: | [2020] ACTSC 104 |
Hearing Dates: | 20–22 April 2020 |
DecisionDate: | 1 May 2020 |
Before: | Murrell CJ |
Decision: | Judgment is entered for the plaintiff in the sum of $370,501. See [126]–[135]. |
Catchwords: | DAMAGES – PERSONAL INJURY – Motor vehicle accident – Spinal injury – Pre-existing condition in spine – Whether the accident rendered the pre-existing condition symptomatic – Whether spinal fusion surgery reasonable – Damages for economic and non-economic loss, past and future expenses, and voluntary assistance |
Cases Cited: | Cressy v Miloriad [2016] ACTSC 303 Gibson v Steinhoff Asia Pacific Ltd [2012] ACTSC 139 |
Parties: | Nyssah Ryrie (Plaintiff) Pat Tanner (First Defendant) Insurance Australia Ltd trading as NRMA Insurance (Second Defendant) |
Representation: | Counsel S Whybrow (Plaintiff) M Nesbeth (First and Second Defendants) |
| Solicitors Baker Deane & Nutt (Plaintiff) HWL Ebsworth Lawyers (First and Second Defendants) | |
File Number(s): | SC 352 of 2019 |
MURRELL CJ:
Introduction
The plaintiff claimed damages for injuries and disabilities (primarily, lower back pain) that she sustained in a motor vehicle accident on 17 August 2015. The first defendant was the driver of the motor vehicle that was responsible for the accident. The second defendant is the compulsory third party insurer of that vehicle.
Liability was admitted.
At the time of the accident, the plaintiff was a healthy 28-year-old woman. She was employed as an IT consultant. She was in a de facto relationship with Mr de Flumeri.
After leaving school in Year 11, the plaintiff commenced a hairdressing apprenticeship, worked in the retail industry and then joined the public service. Ultimately, she became an IT consultant, working for Fujitsu Australia (until 2016), Leidos Australia (from 2016 to 2019) and for Optus Australia (from 2019 to 2020).
In 2018, she took seven months’ maternity leave; her daughter was born in October 2018. In 2019/2020, she took six months’ maternity leave; her son was born in November 2019. In early May 2020, she will return to full-time employment at Leidos Australia, earning approximately $175,000 per annum.
The accident and its aftermath
At about 1:30 PM on 17 August 2015, the plaintiff was driving her Volvo motor vehicle north along Melrose Drive, Philip. The first defendant was driving a Subaru Forrester vehicle east along Theodore Street towards an intersection with Melrose Drive.
At the intersection, the first defendant’s vehicle failed to give way to the plaintiff’s vehicle and collided with it. The plaintiff had been travelling at about 60 km/h. The force of the collision caused the airbags of her vehicle to deploy. The vehicle could not be driven from…
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- AGLC
- Ryrie v Tanner (No 2) [2020] ACTSC 104
- Case
- [2020] ACTSC 104
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the extent to which the accident contributed to the plaintiff's injuries and the necessity of the spinal fusion surgery. The plaintiff argued that the accident rendered the pre-existing condition symptomatic, which had not previously caused any issues. The court had to consider medical evidence and expert opinions to ascertain whether the surgery was a reasonable response to the injuries sustained in the accident. Additionally, the court needed to quantify damages for economic and non-economic loss, past and future expenses, and voluntary assistance.
In its judgment, the court found that the motor vehicle accident did contribute to the exacerbation of the plaintiff's pre-existing spinal condition, rendering it symptomatic. The court accepted that the spinal fusion surgery was reasonable and necessary in light of the plaintiff's injuries. The court carefully considered the evidence regarding the plaintiff's loss of amenity, pain and suffering, and future care needs. After evaluating all the evidence and submissions, the court awarded damages to the plaintiff in the sum of $370,501. This amount reflected compensation for economic and non-economic loss, past and future expenses, and voluntary assistance required due to the injuries sustained in the accident.
Orders
Orders of the court
Judgment is entered for the plaintiff in the sum of $370,501. See [126]–[135].
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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