Eden v Jamieson & Anor
[2023] QSC 240 · Crow J
Christopher Eden was a 28-year-old electrician who was walking at night along the unlit Dysart Bypass Road, on his way to a friend's property, when a Toyota Hilux struck him with its passenger-side mirror. The driver, an 82-year-old man, did not see Mr Eden until he was very close, even though Mr Eden was wearing a shirt with a large white motif and carrying a white plastic bag, making him visible from around 80 metres. Mr Eden suffered serious injuries including a fractured and dislocated left shoulder, fractured ribs, a punctured lung, a kidney laceration and a spinal fracture, as well as psychological injuries. The main contest was whether the driver was negligent and whether Mr Eden had contributed to his own injuries by walking on the road in the dark. The court found the driver had failed to keep a proper lookout and rejected the contributory negligence allegations, partly because the roadside grass was too overgrown to walk on safely. Mr Eden was awarded about $988,000, with the largest portion for his reduced ability to work as a mining electrician.
Incident & injury
Pedestrian struck at night by a Toyota Hilux while walking along the unlit Dysart Bypass Road; struck by the passenger-side mirror of the vehicle whose driver failed to keep a proper lookout.
- Body regions
- Shoulder, Left shoulder, Right shoulder, Lumbar spine, Ribs/chest, Kidney, Psychiatric (Left)
- Diagnoses
- Fracture dislocation of left shoulder with complex labral and rotator cuff tears, Fractured right scapula with malunion, Fractured right ribs 8-11 with pneumothorax, Right kidney laceration, Fractured right transverse process L2 with musculoligamentous injury, Post-traumatic stress disorder, Major depressive disorder, Generalised anxiety disorder
- Incident date
- 9 April 2020
- Location
- Dysart Bypass Road, Dysart
Quick facts
- Date of judgment
- 2 November 2023
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 28
- Occupation
- Electrician (had obtained work as a mining electrician at Peak Downs Mine) Technician / Trade Worker
- Liability
- Disputed
- ISV assessed
- 19 uplift applied · Item 97 (moderate shoulder injury)
- Whole Person Impairment
- 12%
- Total damages
- $987,655
Outcome
The court found the driver negligent for failing to keep a proper lookout and to steer clear, and held the second defendant (CTP insurer) had not discharged the onus of establishing contributory negligence. Judgment was entered for the plaintiff against the second defendant for $987,654.99.
Defendant
1 Allianz Australia Insurance Limited
CTP Insurer
- Apportionment
- 100%
- Judgment against this defendant
- $987,655
Heads of damage
| General damages | $38,010 |
|---|---|
| Past economic loss | $126,128 |
| Interest on past EL | $8,740 |
| Past superannuation | $11,982 |
| Future loss of economic capacity | $598,990 |
| Future superannuation | $67,386 |
| Past special damages (plaintiff) | $30,753 |
| Interest on past special damages | $2,131 |
| Future special damages | $2,500 |
| Subtotal before refunds | $987,655 |
Key issues
Eden v Jamieson & Anor [2023] QSC 240
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