Eden v Jamieson & Anor

[2023] QSC 240 · Crow J

In plain language

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.

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

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Eden v Jamieson & Anor [2023] QSC 240

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