Cabato v Paltridge and Another
[2025] QDC 59 · Holliday KC DCJ
A young cyclist was hit by a car at a pedestrian crossing at Palm Beach on the Gold Coast in March 2017, thrown over the bonnet and briefly knocked unconscious. He was 18 at the time. Liability was admitted, with the parties agreeing he was 25% to blame for the crash, so the trial was only about how much his injuries were worth. The driver's insurer, Allianz, ran the defence. The man claimed serious ongoing neck, back, knee, head and psychological problems, plus strange episodes of losing control of his left side. The judge found him to be an unreliable witness, partly because he never complained of these injuries to doctors for about three years and his social media showed him doing activities like go-karting, quad biking and rock climbing. The court accepted he did suffer a neck disc injury, a back strain, minor head and knee injuries and a temporary adjustment disorder, but rejected the more severe claims. After deducting 25% for his share of blame, the court awarded him $73,663.91.
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
- 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
- Admitted · 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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