Busch v Parker & Anor
[2022] QSC 211 · North J
Stephen Busch was driving in Mount Isa in March 2014 when his stationary car was hit from behind by a tyre service truck. He was 48 at the time and had worked as a scaffolder and boilermaker. He claimed the crash caused a serious ongoing neck injury and sought more than $2 million, mostly for lost earnings. The insurer admitted it was at fault for the crash but disputed that the accident caused any lasting injury. Mr Busch represented himself at the trial. The court found him an unreliable witness, noting he had returned to heavy work immediately, told employers he had fully recovered, and showed a normal range of neck movement in numerous medical examinations. The judge accepted expert evidence that he suffered only a minor soft-tissue strain that resolved quickly, and that his ongoing symptoms came from natural degeneration unrelated to the crash. He was awarded just $5,000 for his minor injury, with no compensation for lost earnings. It is possible that he would be required to pay the insurer's costs of the trial, depening on the prior offers to settle that were made to him.
Incident & injury
Rear-end motor vehicle collision while the plaintiff was stationary at an intersection waiting to turn right; struck from behind by a tyre service truck.
- Body regions
- Cervical spine
- Diagnoses
- Minor soft tissue injury to cervical spine (whiplash)
- Incident date
- 10 March 2014
- Location
- Mount Isa, Queensland
Quick facts
- Date of judgment
- 30 September 2022
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- 48
- Occupation
- Scaffolder / scaffolding supervisor Technician / Trade Worker
- Liability
- Admitted
- ISV assessed
- 3 · Item 89 - Minor cervical spine injury
- Total damages
- $5,000 7th percentile · MAIA cervical spine matters (n=14)
Outcome
The court found the plaintiff suffered only a very minor soft-tissue cervical injury from the rear-end collision that resolved quickly, with ongoing symptoms attributable to pre-existing degeneration. The plaintiff was found an unreliable witness and recovered only $5,000 (a small ISV-based general damages award plus a modest global allowance), having claimed over $2 million.
Defendants (2)
1 Jason Edward Parker
Driver (first defendant)
- Judgment against this defendant
- $0
2 AAI Limited Trading as Suncorp Insurance
CTP Insurer
- Judgment against this defendant
- $5,000
Heads of damage
| General damages | $4,080 |
|---|---|
| Past economic loss | $0 |
| Future loss of economic capacity | $0 |
| Future special damages | $0 |
| Subtotal before refunds | $5,000 |
Key issues
Busch v Parker & Anor [2022] QSC 211
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Learn more about motor vehicle accident claims in Queensland.