IN THE SUPREME COURT
OF QUEENSLAND
No 373 of 1998
Brisbane
Before the Hon Mr Justice Muir
[Wilkie v Redford & Anor]
BETWEEN:
LYNETTE ELIZABETH WILKIE
Plaintiff
AND:
KENT REDFORD
First Defendant
AND:
GREGORY JOHN WILSON
Second Defendant
REASONS FOR JUDGMENT - MUIR J
Judgment delivered 4 June 1999
CATCHWORDS: TORTS - negligence - contributory negligence of pedestrian - pedestrian injured by motor vehicle - liability of driver - whether failure to keep look out.
Counsel:Mr B. Hall QC and Mr P Woods for the plaintiff
Mr K.S. Howe for the defendants
Solicitors:Phillips Fox as town agents for Attwood Marshall Lawyers for the plaintiff
McInnes Wilson and Jensen for the defendants
Hearing dates: 17, 18, 19, 20 May 1999
IN THE SUPREME COURT
OF QUEENSLAND
No 373 of 1998
Brisbane
Before the Hon Mr Justice Muir
[Wilkie v Redford & Anor]
BETWEEN:
LYNETTE ELIZABETH WILKIE
Plaintiff
AND:
KENT REDFORD
First Defendant
AND:
GREGORY JOHN WILSON
Second Defendant
REASONS FOR JUDGMENT - MUIR J
Judgment delivered 4 June 1999
1 The plaintiff was struck by a Mazda Station Wagon (“the Mazda”) driven by the second defendant as agent for the first defendant at about 7.30pm on 7 August 1993 when she was crossing the Nicklin Way at Warana. At the place of the accident the Nicklin Way is a divided highway with two traffic lanes and a parking lane (delineated by a white line) on each side of a median strip. Weather conditions were fine, the traffic light and the area in question was relatively well lit by street lighting.
2 The Mazda, a Holden Torana driven by a Mr Rickard and a Honda Sedan driven by a Mr Crerar had been moving south in close proximity to each other for some minutes before the accident. Immediately prior to the accident, the Honda was in the inside lane (nearest the median strip) and the Mazda was in front of the Torana in the outside lane (nearest the kerb). The Honda was slowly overtaking the Mazda. Mr Crerar could not say with certainty where his vehicle was positioned in relation to the Mazda when he first saw the plaintiff. He thought that the Mazda was either beside his car or a little behind it. Mr Rickard’s recollection in that regard was also somewhat uncertain. It was that just before the collision the Mazda and the Honda were virtually level with each other with the Honda having part of its length ahead of the Mazda.
3 The Honda braked first and the Mazda then drew ahead and struck the passenger side of its front.
4 Mr Rickard said that his attention was first drawn to the presence of the plaintiff by a northbound car blowing its horn. He observed the plaintiff, then some 200 metres ahead, run across the northbound lane whilst looking behind her. He said that she continued to run across the median strip and into the path of the southbound vehicles.
5 Mr Crerar said that he first saw the…
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- Case
- [1999] QSC 119
- Decision Date
CaseChat Overview and Summary
The court was required to determine the extent and causation of Wilkie's injuries, particularly whether these were attributable to the accident or other factors such as substance abuse or pre-existing conditions. The reliability and credibility of the medical evidence, particularly the psychiatric evaluations by Dr. Hutchinson and Dr. Reddan, were central to this determination. The court also needed to assess the impact of the injuries on Wilkie's ability to walk and perform daily activities, as well as the extent of Wilkie's economic loss due to the injuries. This involved weighing the medical opinions against the observations of third parties and the plaintiff's own assertions.
The court found that while there was significant evidence of severe brain damage and associated disabilities, the plaintiff's exaggeration of symptoms could not be entirely discounted. The court placed significant weight on the early medical records and the orthopaedic evidence, which suggested that the plaintiff could walk with assistance, albeit with difficulty. The court also considered the testimonies of the plaintiff's parents and a carer, Mr. Jones, who reported limited instances of the plaintiff walking. Ultimately, the court concluded that Wilkie's ability to walk had diminished, but primarily due to voluntary lack of use rather than a complete inability. The court also found that Wilkie's pre-existing substance use did not significantly contribute to her current condition.
In conclusion, the court determined that Wilkie's injuries were causally linked to the accident, and awarded damages reflecting the extent of her disabilities and economic loss. The court ordered the defendant to compensate Wilkie for her injuries, taking into account her ability to manage without a helper for extended periods, despite her physical limitations.
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