Sabidussi v Young

[2017] QDC 146

DISTRICT COURT OF QUEENSLAND

CITATION:

Sabidussi v Young & Anor [2017] QDC 146

PARTIES:

ANITA MAREE SABIDUSSI

(plaintiff)

v

BRADLEY ALEXANDER YOUNG

(first defendant)

and

RACQ INSURANCE LIMITED (ABN 500 097 041 52)

(second defendant)

FILE NO/S:

BD 3921/2015

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

9 June 2017

DELIVERED AT:

Brisbane

HEARING DATE:

10 and 11 May 2017

JUDGE:

Rafter SC DCJ

ORDER:

Judgment that the second defendant pay the plaintiff $185,821.05.

CATCHWORDS:

DAMAGES – Personal injuries – Quantum – Where the plaintiff was injured in a motor vehicle accident – Liability admitted - Where dispute as to the nature and extent of the injuries caused by the motor vehicle accident – Whether the plaintiff has suffered a loss of earning capacity by reason of the injuries - Dispute as to various heads of damages, including past economic loss and future economic loss

Civil Liability Act 2003 (Qld), s 51, s 55, s 59, s 60, s 61, s 62
Civil Liability Regulation 2014 (Qld)

Allianz Australia Insurance Ltd v McCarthy [2012] QCA 312, cited
Graham v Baker (1961) 106 CLR 34, cited
Guirguis Pty Ltd & Anor v Michel’s Patisserie System Pty Ltd & Ors [2017] QCA 83, cited
Onassis and Calogeropoulos v Vergottis [1968] 2 Lloyd’s Rep 403, cited
Shaw v Menzies & Anor [2011] QCA 197, cited
Withyman v State of New South Wales [2013] NSWCA 10, cited

COUNSEL:

AC Canceri for the plaintiff

JE FitzGerald for the defendant 

SOLICITORS:

CMC Lawyers for the plaintiff

Cooper Grace Ward for the defendant

Introduction

1. On 1 December 2013, the plaintiff was a front seat passenger in a vehicle driven by her friend, Lynette Raines.  They were travelling north along David Low Way at Sunrise Beach.  The first defendant was driving in a southerly direction along David Low Way.  His vehicle suddenly veered to the right and crossed over the raised median strip and into the path of the vehicle driven by Ms Raines.  Ms Raines was taken by helicopter to the Royal Brisbane and Women’s Hospital.  She later died as a result of her injuries. The plaintiff was trapped in the vehicle.  The Queensland Fire and Rescue Service cut her out of the car and she was taken by ambulance to the Nambour General Hospital.  

1. By this proceeding the plaintiff claims damages for the injuries she suffered as a result.  Liability is admitted.  With the exception of special damages, all aspects of the plaintiff’s claim are in issue. 

The issues

1. The parties are agreed that the plaintiff suffered a major depressive disorder, a soft tissue injury to the lumbar spine and an injury to the right knee.[1]

   [1]Exhibit 1, para 5.

1. The issues to be determined include the nature and extent of those injuries and whether the plaintiff also sustained an injury to her left knee.

The plaintiff’s background

1. The plaintiff was born in 1977.  She was 36 years of age at the time of the accident.  She is 39…