Thuong v Liu

[2017] QDC 196

DISTRICT COURT OF QUEENSLAND

CITATION:

Thuong v Liu & Anor [2017] QDC 196

PARTIES:

JAY THUONG

(Plaintiff)

v

XIAOXIA LIU

(First Defendant)

and

ALLIANZ AUSTRALIA INSURANCE LTD (ACN 000 122 850)

(Second Defendant)

FILE NO/S:

4126 of 2016

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

19 July 2017

DELIVERED AT:

Brisbane

HEARING DATE:

18-19 May 2017

JUDGE:

Searles DCJ

ORDER:

1. The Defendant is to pay the Plaintiff $127,610.97 in damages.

CATCHWORDS:

PERSONAL INJURY – ASSESSMENT OF DAMAGES – where the Plaintiff suffered injury in a motor vehicle collision – where liability is admitted – where the quantum of damages is disputed – whether the Plaintiff’s capacity to work has diminished – whether the Plaintiff is entitled to an award for future impairment of earning capacity

Civil Liability Act 2003 (Qld)

Superannuation Guarantee Charge Act 1992 (Cth)

Civil Liability Regulation 2014 (Qld)

COUNSEL:

RJ Lynch for the Plaintiff

NR Jarro for the Defendant

SOLICITORS:

Park and Co Lawyers for the Plaintiff

McInnes Wilson Lawyers for the Plaintiff

1. The Plaintiff claims damages for personal injuries arising out of a motor accident on 22 July 2015 when his Subaru Liberty sedan came into collision with the First Defendant’s Hyundai iMax Wagon on Padstow Road, Eight Mile Plains (‘the Incident’). At the time of the Incident, the vehicle was insured by the Second Defendant and was being driven by the First Defendant.

1. Liability is not in issue, and it is also common ground that at the relevant time the Plaintiff worked as a retail assistant at a BWS Liquor Store in Richlands, Queensland. Quantum is the sole issue. The extent of the Plaintiff’s injuries and the extent of his recoverable damages are in dispute.

Plaintiff’s Post-accident Medical Treatment

General practitioner – Dr Kang

1. On 29 July 2015, seven days after the Incident, the Plaintiff consulted Dr James Kang, General Practitioner, who recorded in his notes[1] that the Plaintiff, born on 21 July 1986, complained of gradual onset neck and shoulder pain resulting from a car accident which he described a “whiplash injury.”  Dr Kang prescribed pain killing medication Celebrex 200mg capsule daily at 1.00pm and referred him to physiotherapy.  He suggested a review one month later on 29 August 2015.[2] It is common ground that the Plaintiff did not attend the further review because in his words, he did not think it was necessary.[3] Dr Kang’s clinical notes reveal that the Plaintiff’s symptoms were of a gradual onset and indicate that the Plaintiff reported he was not suffering from any pre-existing condition.[4]

   [1]Exhibit 1, Medical Tab, page 24.

   [2]Ibid; Exhibit 2, page 9.

   [3]T1.19.46

   [4]Exhibit 1, page 24.

Physiotherapy

1. The Plaintiff attended 34 sessions of physiotherapy with Mr Stephen Chai between 30 July 2015 and 8 June 2016.[5]  Mr Chai’s notes of those attendances where the Plaintiff self-reported on his present condition, but excluding Mr Chai’s notes of treatment, are as follows:

   [5]Exhibit 1, Medical Tab, page 29.

Date	Entries
30 July 2015	Saw doctor 3/7…