Crase v Dallow & Anor
[2020] QDC 52 · Sheridan DCJ
The plaintiff, an 87-year-old man, was injured in a motor vehicle accident in July 2017. The parties had agreed to settle his personal injury claim except for one issue: how much of the money Medicare had paid for his nursing home and residential care should be repaid out of the settlement. The key question was how much sooner the accident had caused him to need full-time residential care, given he already had a serious pre-existing neurological condition. The court reviewed reports from three specialists and decided the accident had brought his admittance to full-time care forward by 18 months. Based on that finding, it held that $107,717.23 of the amount paid by Medicare was properly compensable. The insurer was ordered to pay the plaintiff's costs of the application. This was a procedural ruling on separate questions, not a full assessment of the plaintiff's overall damages.
Incident & injury
Motor vehicle accident; injuries brought forward the plaintiff's admittance to full-time residential care
- Body regions
- Neurological
- Diagnoses
- Injuries triggering placement in full-time nursing home/residential care
- Incident date
- 27 July 2017
Quick facts
- Date of judgment
- 8 April 2020
- Claim type
- MAIA
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Plaintiff age at injury
- 87
- Occupation
- Retired
Outcome
On an application to determine two separate questions, the court found the plaintiff's admittance to full-time residential care had been brought forward 18 months by the motor vehicle accident, and that $107,717.23 of the amount paid by Medicare for residential care was compensable at the suit of the plaintiff. The second defendant was ordered to pay the plaintiff's costs.
Key issues
Crase v Dallow & Anor [2020] QDC 52
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