Allen v O'Donnell & Anor
[2021] QSC 63 · Crow J
Mr Allen was driving his three children from Rockhampton to Brisbane in January 2015 when another driver veered onto the wrong side of the road and caused a high-speed head-on crash on the Gateway Motorway. He was a workplace health and safety manager at James Cook University and suffered severe injuries, including a shattered left hip, broken ribs, facial and knee injuries, and a serious post-traumatic stress disorder that dramatically changed his personality. The driver's insurer admitted fault, so the only question was how much money Mr Allen should receive. The court worked through each type of loss, including lost earnings, future care, medical costs and pain and suffering, and decided that his psychiatric injury left him unable to work in his current state, though he might return to part-time work in future. The judge awarded him about $2.5 million in total, with future loss of earning capacity the largest single component.
Incident & injury
High-speed head-on collision when the first defendant's vehicle veered onto the incorrect side of the road and struck the plaintiff's car
- Body regions
- Brain / head, Brain, Face, Cervical spine, Lumbar spine, Left shoulder, Chest/ribs, Left hip, Knees (bilateral), Left hand/fingers, Left elbow, Eyes, Ears, Psychiatric, Scarring
- Diagnoses
- Traumatic brain injury, Chronic PTSD with co-morbid adjustment disorder, anxiety and depressed mood, Aggravation of pre-existing recurrent major depressive disorder, Fracture/dislocation of left hip with acetabular fracture, Fractured ribs 5-8 left side with haemothorax, Post-operative pulmonary effusion and embolus, Facial laceration with mental nerve avulsion, Cervical musculoligamentous injury, Lumbar musculoligamentous injury, Left shoulder soft tissue injury with aggravation of acromioclavicular osteoarthritis, Bilateral knee soft tissue injuries, Left ring and little finger lacerations with extensor tendon repairs, Sight impairment (incongruous inferior left homonymous quadrantanopia), Mild bilateral hearing loss, Multiple scarring
- Incident date
- 5 January 2015
- Location
- Gateway Motorway, Brisbane
Quick facts
- Date of judgment
- 25 March 2021
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~43 (inferred)
- Occupation
- Associate director of workplace health and safety at James Cook University Manager
- Liability
- Admitted
- ISV assessed
- 44 uplift applied · Item 11 (serious mental disorder)
- Total damages
- $2,499,400
Outcome
Liability was admitted. The court assessed quantum for the plaintiff's extensive physical and psychiatric injuries from a high-speed head-on motor vehicle accident and entered judgment for the plaintiff against the CTP insurer for $2,499,399.69.
Defendant
1 RACQ Insurance Limited
CTP Insurer
- Apportionment
- 100%
- Judgment against this defendant
- $2,499,400
Heads of damage
| General damages | $109,640 |
|---|---|
| Past economic loss | $515,957 |
| Interest on past EL | $17,246 |
| Past superannuation | $57,025 |
| Future loss of economic capacity | $959,040 |
| Future superannuation | $108,659 |
| Past care (Griffiths v Kerkemeyer) | $143,052 |
| Future care | $225,554 |
| Past special damages (plaintiff) | $55,000 |
| Interest on past special damages | $900 |
| Future special damages | $261,314 |
| Subtotal before refunds | $2,499,400 |
Key issues
Allen v O'Donnell & Anor [2021] QSC 63
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