Barbina v McKenzie & RACQ Insurance Ltd
[2024] QDC 153 · Dearden DCJ
Svetlana Barbina, a mother of seven and full-time homemaker, was injured when another driver negligently collided with her car at Bahrs Scrub in June 2020. Liability was admitted by the CTP insurer, RACQ, so the trial was only about the value of her injuries. The key dispute was whether the crash caused a lasting back injury or only a temporary flare-up of an existing back condition. The court preferred the insurer's medical expert, finding the accident only temporarily aggravated a pre-existing degenerative problem and that her other injuries (including a fractured sternum and neck and chest injuries) had healed. The judge also found her evidence about prior back pain and her work plans unreliable. Because her ongoing symptoms were not linked to the crash, she could not recover for future income loss or gratuitous care. She was awarded a total of $15,320, made up of general damages plus small allowances for past income loss and medical expenses. She represented herself at trial after her solicitors withdrew.
Incident & injury
Motor vehicle collision; the first defendant's BMW sedan collided with the plaintiff's Toyota station wagon
- Body regions
- Lumbar spine, Sternum, Thoracic spine, Cervical spine, Right thigh, Chest wall and abdomen, Right leg
- Diagnoses
- Fractured sternum (resolved), Temporary exacerbation of pre-existing L5/S1 disc bulge / lumbar facet joint arthrosis, Cervical spine soft tissue / musculoligamentous strain (resolved), Thoracic spine soft tissue injury (resolved), Bruising to right thigh, chest, abdomen and right leg
- Incident date
- 3 June 2020
- Location
- Bahrs Scrub, Queensland
Quick facts
- Date of judgment
- 18 October 2024
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- ~41 (inferred)
- Occupation
- Full-time homemaker and mother of seven children (previously seamstress/upholsterer/cleaner) Homemaker
- Liability
- Admitted
- ISV assessed
- 4 · Item 94 — minor thoracic or lumbar spine injury
- Total damages
- $15,320
Outcome
The court found the motor vehicle accident caused only a temporary exacerbation of a pre-existing lumbar condition (preferring Dr Morgan over Dr King) and that other injuries had resolved. The plaintiff was awarded $15,320, comprising general damages (ISV 4), a nominal past economic loss allowance, and modest past and future special damages; claims for future economic loss and gratuitous care failed.
Defendant
1 Bradly Alexander McKenzie and RACQ Insurance Limited
Driver and CTP Insurer
- Apportionment
- 100%
- Judgment against this defendant
- $15,320
Heads of damage
| General damages | $6,320 |
|---|---|
| Past economic loss | $5,000 |
| Future loss of economic capacity | $0 |
| Past care (Griffiths v Kerkemeyer) | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $1,500 |
| Future special damages | $2,500 |
| Subtotal before refunds | $15,320 |
Key issues
Barbina v McKenzie & RACQ Insurance Ltd [2024] QDC 153
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