Brown v Islip & Anor
[2026] QSC 92 · Copley J
In October 2013, an eight-year-old girl was a front-seat passenger in her grandfather's car on the Bruce Highway when an oncoming motorhome lost control and crushed the cabin of the vehicle. She witnessed what she believed were the deaths of her sisters and grandfather and developed post-traumatic stress disorder (PTSD). Liability was not in dispute — the CTP insurer for the motorhome admitted the accident was caused by the driver's negligence. The main issue at trial was whether the PTSD had resolved or remained active, and how severely it had affected the plaintiff's education and career prospects. The court accepted that the PTSD was not in remission and had disrupted the plaintiff's schooling, caused her to abandon two university degrees, and led to difficulties sustaining employment. The court assessed an injury scale value of 9 (moderate mental disorder) and awarded around $239,000 in total, covering general damages, past and future loss of earning capacity, past gratuitous care provided by the plaintiff's mother and boyfriend, and future psychological treatment costs. A claim for future ongoing care was refused because medical evidence did not establish that such care would be necessary.
Incident & injury
Motor vehicle collision - oncoming motorhome driven by first defendant veered into path of vehicle in which plaintiff was a front-seat passenger, crushing the cabin
- Body regions
- Psychiatric, Right femur, Left forearm (Right)
- Diagnoses
- Bruising of the right femur, Superficial lacerations to the left forearm, Post-Traumatic Stress Disorder (PTSD)
- Incident date
- 2 October 2013
- Location
- Bruce Highway, Queensland
Quick facts
- Date of judgment
- 1 May 2026
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- 8
- Occupation
- Student (at time of injury); later casual hospital records clerk and receptionist Minor / Child
- Liability
- Admitted
- ISV assessed
- 9 · Item 12 — Moderate mental disorder (Schedule 4 Part 2, Civil Liability Regulation 2003)
- Whole Person Impairment
- 7%
- Total damages
- $238,987
Outcome
The plaintiff, who was eight years old when she suffered PTSD in a motor vehicle accident on the Bruce Highway in 2013, recovered $238,987.00 against the CTP insurer (Allianz) for general damages, past and future economic loss, past care and future expenses; future care was disallowed for failure to establish medical necessity. The court found the plaintiff's PTSD was not in remission and had continued to affect her schooling, university studies and employment.
Defendant
1 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $238,987
Heads of damage
| General damages | $13,240 |
|---|---|
| Past economic loss | $5,131 |
| Interest on past EL | $1,556 |
| Past superannuation | $513 |
| Future loss of economic capacity | $124,354 |
| Future superannuation | $14,922 |
| Past care (Griffiths v Kerkemeyer) | $53,865 |
| Future care | $0 |
| Past special damages (plaintiff) | $5,250 |
| Future special damages | $20,000 |
| Subtotal before refunds | $238,987 |
Key issues
Brown v Islip & Anor [2026] QSC 92
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