Cabato v Paltridge and Another
[2025] QDC 59 · Holliday KC DCJ
In March 2017, Darwin Cabato was riding his bicycle at Palm Beach on the Gold Coast when he was struck by a vehicle driven by the first defendant. He was not wearing a helmet, was thrown from the bike, and briefly lost consciousness. He was taken to hospital where abrasions to his knees, elbow and hip were treated. Both parties agreed the driver was at fault, but accepted that the plaintiff was 25 percent responsible for the collision — most likely because he rode onto a pedestrian crossing without stopping. The main disputes at the 2025 trial concerned which injuries the accident caused and how much they affected the plaintiff's future. The court found he suffered a cervical spine disc injury (with objective changes shown on later scans), a lumbar spine soft tissue injury, minor knee abrasions, a brief head injury, and an adjustment disorder that had resolved by 2022. The court rejected his claims of constant severe pain, left-sided limb dysfunction, and significant care needs, finding he had significantly exaggerated his symptoms to medical experts. After deducting the 25 percent contributory negligence, the plaintiff was awarded approximately $73,664 — well below the $259,000 he had sought.
Incident & injury
Plaintiff riding a bicycle was struck by the first defendant's motor vehicle at a pedestrian crossing, thrown over the bonnet and landed on the grass, suffering momentary loss of consciousness.
- Body regions
- Cervical spine, Lumbar spine, Knees (bilateral), Head, Psychiatric (Bilateral)
- Diagnoses
- C5/6 disc protrusion with internal disc disruption, Reversal of cervical lordosis / musculoligamentous strain cervical spine, Musculoligamentous sprain lumbar spine, Bilateral knee abrasions, Minor closed head injury / concussion, Adjustment disorder with mixed anxiety and depressed mood (resolved by 2022)
- Incident date
- 29 March 2017
- Location
- Palm Beach, Gold Coast, Queensland
Quick facts
- Date of judgment
- 21 May 2025
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 18
- Occupation
- Night supervisor at IGA supermarket (formerly meat packer); unemployed at time of injury Unemployed
- Liability
- Partial · 25% contributory negligence
- ISV assessed
- 12 uplift applied · Item 88 (moderate cervical spine injury)
- Total damages
- $73,664
Outcome
Judgment for the plaintiff in the sum of $73,663.91 after a 25% reduction for contributory negligence. The court found the plaintiff suffered a neck injury, lumbar soft tissue injury, minor head injury, knee abrasions and a (resolved) psychiatric injury, assessing an ISV of 12, but rejected much of his evidence on the severity and constancy of symptoms and the claimed 'left sided symptoms'.
Defendant
1 Gregory Stuart Paltridge and Allianz Australia Insurance Limited
Driver/CTP Insurer
- Judgment against this defendant
- $73,664
Heads of damage
| General damages | $19,770 |
|---|---|
| Past economic loss | $0 |
| Future loss of economic capacity | $65,000 |
| Future care | $3,420 |
| Past special damages (plaintiff) | $1,642 |
| Future special damages | $8,387 |
| Subtotal before refunds | $98,219 |
Key issues
Cabato v Paltridge and Another [2025] QDC 59
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