Taylor v Anderson

[2004] QSC 106

SUPREME COURT OF QUEENSLAND

CITATION:

Taylor v Anderson & Anor [2004] QSC 106

PARTIES:

GILLIAN ANN TAYLOR
(Plaintiff)
v
CARLY ANDERSON
(First Defendant)
ALLIANZ AUSTRALIA INSURANCE LIMITED
ACN 000 122 850
(Second Defendant)

FILE NO/S:

335 of 2002

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court, Cairns

DELIVERED ON:

30 April 2004

DELIVERED AT:

Cairns

HEARING DATE:

4 February 2004

JUDGE:

Jones J

ORDER:

1. Give judgment for the plaintiff in the sum of $187,830.65.

2. Adjourn the consideration of the question of costs to allow parties to make written submissions on that issue within the next 14 days.

CATCHWORDS:

DAMAGES- MEASURE OF DAMAGES – GENERAL AND SPECIAL DAMAGES - PERSONAL INJURIES – where plaintiff injured in car accident – where plaintiff suffered neck and shoulder injury - where plaintiff had some pre-incident health problem- where plaintiff no longer able to use a computer for long periods time-

DAMAGES – MEDICAL EXPENSES - LOSS OF EARNINGS AND FUTURE EARNING CAPACITY – FUTURE CARE -

COUNSEL:

Mr B Harrison for the Plaintiff

Mr G Forde for the First and Second  Defendants

SOLICITORS:

Pinder Gandini for the plaintiff

McMahons National Lawyers for the First and Second Defendants.

1. The plaintiff was injured in a motor vehicle incident on 11 August 1999.  She was then almost 44 years of age having been born on 12 October 1954.  The defendants have admitted liability for her injuries and there remains only the task of assessing her damages.

1. The incident involved the first defendant’s vehicle running into the back of the plaintiff’s vehicle as it was stationery at an intersection in Wilkinson Street, Cairns in the State of Queensland.  The plaintiff had observed the approach of the other vehicle in her rear-vision mirror and had braced herself for the impact.  The force of the collision was not high.  The plaintiff’s vehicle was moved only a matter of inches and the damage to both vehicles was minor.  It is likely that the plaintiff had her brakes firmly applied.  She herself was able to drive her vehicle from the scene.

1. The plaintiff was in “a bit of shock” after the incident and was not immediately aware of any pain.  Later in the evening she experienced pain in her neck and upper spine.  That pain worsened over the next few days causing her to seek treatment from Dr Anderson, a general practitioner at the Cairns 24 Hour Clinic.  Dr Anderson ordered X-rays and prescribed anti-inflammatory and analgesic tablets.  He diagnosed the plaintiff as suffering a musculo-ligamentus injury.  The prescribed treatments did not alleviate the pain and the plaintiff continued to consult the general practitioner.  On 28 August 1999 she also saw Mr Falge, a chiropractor.  The chiropractic treatments gave only temporary relief.

1. The plaintiff was, at this time, working as a teacher of information technology at the North Queensland Institute of TAFE.  The pain she was experiencing was in her neck at the base of her skull, across her shoulders which caused difficulty for her raising her right arm.  She…