Kristi Riedel appeared for the First and Second Defendants, instructed by Hall & Wilcox.
The Plaintiff commenced proceedings against the Defendants for damages for personal injuries sustained in a road traffic accident. Liability was admitted, leaving the assessment of quantum in dispute. The determinative issues were (a) the nature and extent of the Plaintiff’s injuries and ongoing symptoms caused by the accident; and (b) the assessment of the Plaintiff’s loss and damage under the Civil Liability Act 2003 (Qld) and Item 136 of the Civil Liability Regulation 2014 (Qld).
The plaintiff sustained a fracture to his left fibula. The Court accepted the Plaintiff’s evidence that he continues to experience pain, a limp, and episodes of his knee ‘giving way’. The Court further accepted medical evidence of muscle wastage in the Plaintiff’s left quadricep as a consequence of the accident. The Court assessed an Injury Scale Value of 4, categorising the injury as a minor lower limb injury.
Judgement was entered for the Plaintiff in the total sum of $173,658.70, comprising general damages for on-going, permanent impairment consequential upon the left leg related injury caused by the accident; past economic loss and interest for lost overtime and wages resulting from a temporary reduction in earning capacity; future economic and superannuation loss due to the plaintiff’s physical restrictions; out of pocket expenses; and past and future special damages for physiotherapy and pharmaceutical costs and WorkCover refund.
The judgment can be read by clicking here
