Walker v Allen

[2011] QSC 131

SUPREME COURT OF QUEENSLAND

CITATION:

Walker v Allen & Anor [2011] QSC 131

PARTIES:

SIOBHAN MARY WALKER
(plaintiff)
v
DOUGLAS CECIL ALLEN
(first defendant)
and
AUSTRALIAN ASSOCIATED MOTOR INSURERS LTD (ABN 92004971744)
(second defendant)

FILE NO:

6894 of 2010

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

25 May 2011

DELIVERED AT:

Brisbane

HEARING DATE:

19 and 20 May 2011

JUDGE:

Daubney J

ORDER:

There will be judgment for the plaintiff in the sum of $238,798.50.I will hear the parties as to costs. 

CATCHWORDS:

DAMAGES – GENERAL PRINCIPLES – GENERAL AND SPECIAL DAMAGES – where liability for the accident has been admitted – where the applicant seeks damages – where the quantum of damages is to be determined

Civil Liability Act 2003 (Qld), ss 59, 60

Civil Liability Regulation 2003 (Qld), Schedules 3, 4

COUNSEL:

M Grant-Taylor SC for the plaintiff
T Matthews for the defendant

SOLICITORS:

Neilson Stanton & Parkinson for the plaintiff
Eardley Motteram for the defendant

1. On 3 January 2007, the plaintiff, who was born on 23 March 1988 and was therefore 19 years old at the time, was injured when the motor vehicle she was driving was struck by a vehicle driven by the first defendant.  Liability for the accident has been admitted, and it remains only for me to determine the quantum of damages recoverable by the plaintiff.

1. In her statement of claim, the plaintiff claimed to have sustained the following injuries:

(a)     Injury to the cervical spine;

(b)     Injury to the thoracic spine;

(c)     Injury to the low back;

(d)     Injury to the left upper limb;

(e)     Injury to the left knee;

(f)     Abrasions, contusions and bruising.

1. In the defence, the defendants admitted that the plaintiff sustained an injury to the cervical spine region in the form of a minor soft tissue injury, but otherwise denied the nature and extent of that injury and also denied that she had sustained any ongoing disability, impairment, loss or damage from that injury.  The allegation of injury to the thoracic spine was denied, but the defendants did admit that the plaintiff had sustained a minor soft tissue injury to the lower back region, saying again that this had now resolved and also denying the nature and extent of that injury and that the plaintiff had sustained any ongoing disability, physical impairment, loss or damage.  The defendants denied that the plaintiff had suffered an injury to her left upper arm or an injury to her left knee, saying that there was no evidence of her having sustained such injuries.  It was admitted that she sustained superficial abrasions and bruising, but the defendants said these resulted in no ongoing impairment, disability, disfigurement, loss or damage.

1. In evidence, the plaintiff identified that the parts of the body she was conscious of having injured after the accident were her neck and her back and that she had troubles with her left knee.  She said that initially it was her neck that was her main concern, but…