Baldock-Davis v Popham & Anor
[2023] QSC 24 · Cooper J
Meah Baldock-Davis, then 20 years old, was walking towards a Gold Coast shopping centre in July 2019 when a car driven by the first defendant collided with a hatchback that was pushed into her path. She was flipped onto the bonnet, fell to the ground, and a damaged wall fell on her. She suffered spinal fractures, broken ribs, a small collapsed lung, pelvic bruising and a fractured toe. The driver's insurer admitted fault but argued her injuries were minor and that she had largely recovered. The main issue was how seriously her injuries continued to affect her, and whether they reduced her ability to work.
After examining her work pay records, medical notes, surveillance footage and social media (including her return to competitive soccer and an overseas holiday), the judge found she had overstated her ongoing symptoms. The court rejected her claims for future loss of earnings and future care, awarding her $40,635.44 — far less than the hundreds of thousands she had originally sought.
Incident & injury
Plaintiff pedestrian struck from behind by a hatchback that was pushed into her path by the first defendant's vehicle, flipped onto the bonnet, then a damaged wall fell on her
- Body regions
- Lumbar spine, Cervical spine, Thoracic spine, Ribs/chest, Pelvis, Left foot/toe, Skin (surgical scarring)
- Diagnoses
- Cervical spine injury (possible undisplaced C7 fracture/microtrabecular injury), Lumbar spine injury - L3 and L4 transverse process avulsion fractures, Three fractured ribs, Pneumothorax, Multiple pelvic contusions, Left small toe fracture, Possible T2 microtrabecular injury, Surgical scarring
- Incident date
- 4 July 2019
- Location
- Sunshine Boulevard, Broadbeach Waters, Gold Coast
Quick facts
- Date of judgment
- 23 February 2023
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 20
- Occupation
- Night filler restocking shelves at Big W Labourer
- Liability
- Admitted
- ISV assessed
- 12 uplift applied · Item 92 (Moderate thoracic or lumbar spine injury)
- Total damages
- $40,635
Outcome
The court assessed damages following an admitted-liability motor accident in which the plaintiff pedestrian was struck by a vehicle. The court found the plaintiff overstated the nature, severity and ongoing effect of her injuries, rejecting claims for future economic loss, future care, and most future special damages, and awarded judgment for the plaintiff in the sum of $40,635.44.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (AAI Limited) is the actual payer of the judgment. The insured driver is named on the judgment but is not personally liable to satisfy it — the CTP policy responds.
1 Adrian Popham
Driver (first defendant)
- Judgment against this defendant
- $40,635
Heads of damage
| General damages | $21,510 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $5,403 |
| Interest on past EL | $428 |
| Past superannuation | $540 |
| Future loss of economic capacity | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $1,865 |
| Past special damages (WorkCover) | $4,203 |
| Interest on past special damages | $65 |
| Future special damages | $5,000 |
| Fox v Wood | $1,622 |
| Subtotal before refunds | $40,635 |
2 AAI Limited
CTP Insurer
- Judgment against this defendant
- $40,635
Heads of damage
| General damages | $21,510 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $5,403 |
| Interest on past EL | $428 |
| Past superannuation | $540 |
| Future loss of economic capacity | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $1,865 |
| Past special damages (WorkCover) | $4,203 |
| Interest on past special damages | $65 |
| Future special damages | $5,000 |
| Fox v Wood | $1,622 |
| Subtotal before refunds | $40,635 |
Key issues
Baldock-Davis v Popham & Anor [2023] QSC 24
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