Bosk v Burgess & Anor
[2021] QSC 338 · Wilson J
The plaintiff was a 24-year-old German economics student holidaying in Australia when a driver lost control at a roundabout in Noosa Heads, drove onto the footpath and struck him. He suffered catastrophic injuries, the most serious being a below-knee amputation of his left leg, along with multiple fractures, chest and abdominal injuries and ongoing psychological harm. The driver's insurer admitted liability and agreed many parts of the claim. The dispute was about how much the plaintiff should receive for past and future loss of earning capacity and for the lifelong cost of replacing and maintaining prosthetic limbs. Because he lives and works in Germany, the judge awarded much of the damages in Euros. The court found his earning capacity was reduced even though he had returned to full-time work as a soccer agent, and allowed for everyday, sports, cosmetic and waterproof prostheses. Judgment was entered for the plaintiff for about A$573,000 plus around €871,000.
Incident & injury
Plaintiff, a pedestrian walking along a footpath, was struck when the first defendant lost control of her car at a roundabout and drove onto the footpath
- Body regions
- Knee / lower leg, Left lower limb (below-knee amputation), Right lower limb (femur, Knee), Right upper limb (radius/ulna, Wrist), Chest, Abdomen, Psychiatric (Left)
- Diagnoses
- Below-knee amputation of left leg, Open multi-fragmentary fracture of left tibia and fibula, Comminuted fracture of right femur, Open comminuted fracture of right radius and ulna, Right knee ACL disruption and postero-lateral corner injury, Sternal fracture, Fractures of 4th and 5th ribs, Bilateral haemopneumothoraces, Right pulmonary contusion, Grade II splenic laceration, Right perinephric haematoma, Mesenteric and serosal tears, Post-traumatic stress disorder (residual)
- Incident date
- 26 May 2014
- Location
- Noosa Heads, Queensland
Quick facts
- Date of judgment
- 14 December 2021
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 24
- Occupation
- Sports manager (soccer agency); at time of injury was a student between bachelor's and master's degrees in economics, previously worked as a bartender Student
- Liability
- Admitted
- ISV assessed
- 61 uplift applied
- Total damages
- $573,616
Outcome
Liability and several heads of damage were admitted. The court assessed the remaining quantum and gave judgment for the plaintiff against the second defendant (CTP insurer) in the sum of A$573,616.13 plus €871,373.04, with most economic loss and prosthetic costs awarded in Euros. (The damages would be increased in a subsequent proceeding).
Defendant
1 QBE Insurance (Australia) Limited
CTP Insurer
- Apportionment
- 100%
- Judgment against this defendant
- $573,616
Heads of damage
| General damages | $167,760 |
|---|---|
| Past care (Griffiths v Kerkemeyer) | $40,000 |
| Future care | $80,000 |
| Past special damages (plaintiff) | $38,006 |
| Interest on past special damages | $2,199 |
| Future special damages | $33,332 |
| Subtotal before refunds | $623,616 |
Key issues
Bosk v Burgess & Anor [2021] QSC 338
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