Summers v Wilks

Helen Marie Summers sued David John Wilks for damages arising from a motor vehicle accident that occurred on 15 December 1991. The defendant admitted liability for the accident. The plaintiff claimed damages for personal injuries, including physical injuries and psychological disorders. The primary issue was whether the plaintiff's later illness was related to the original injuries caused by the accident, and if so, to what extent the defendant should be held liable for the consequences.

The court examined the evidence and expert opinions to determine the causation and extent of the plaintiff's injuries. The court concluded that the plaintiff's later illness was partly attributable to the original injuries, but the primary cause was new stressors that acted upon the plaintiff's natural vulnerability. The court accepted that the plaintiff's earlier experience would not have increased her vulnerability but acknowledged the continuation of a consequential stressor. The court also considered the plaintiff's pre-existing tendency to worry excessively and her attribution of all her complaints to the relevant injuries.

The court assessed the plaintiff's economic loss, including loss from various periods of leave taken without pay, loss of sick leave entitlements, loss of superannuation entitlement, and loss of earning capacity. The court awarded the plaintiff general damages for her pain and suffering, loss of recreational activities, and residual effects of her disorder. The total award amounted to Eighty-three thousand, one hundred and one dollars and seventy-one cents ($83,601.71), which included special damages, interest, gratuitous care and assistance, future treatment, loss of sick leave entitlements, loss of superannuation entitlement, loss of pre-trial and post-trial earning capacity, and general damages.