Eustace v Dubrava & Anor
[2023] QDC 100 · McGinness DCJ
A man in his early 40s was driving to work when another driver rolled into the back of his stationary car at traffic lights in Maroochydore. He claimed the crash permanently worsened long-standing neck and lower back pain and a psychiatric condition, and that it cost him his call-centre job. The other driver's insurer admitted the crash was her fault but disputed how badly he was hurt. The judge found the plaintiff's evidence often unreliable and inconsistent with his medical and physiotherapy records, which showed he had significant pre-existing neck, back, hip and depression problems before the crash. The court accepted the collision caused only a temporary aggravation that had cleared up by April 2018, and that his job loss was due to workplace misconduct rather than the accident.
The plaintiff was awarded a modest $12,966.90, well below what he sought. This claim would not have been worth pursuing all the way to trial and should be a lesson to plaintiffs and their lawyers on knowing when to settle or walk away.
Incident & injury
Rear-end motor vehicle collision while stationary at traffic lights; first defendant's car rolled forward into the rear of the plaintiff's car causing a whiplash-type aggravation of pre-existing neck and back conditions
- Body regions
- Cervical spine, Lumbar spine, Right scapular/shoulder, Psychiatric
- Diagnoses
- Temporary aggravation of pre-existing cervical spine condition, Temporary aggravation of pre-existing lumbar spine condition, Minor temporary exacerbation of pre-existing depressive/adjustment disorder
- Incident date
- 15 August 2017
- Location
- Maroochy Boulevard, Maroochydore
Quick facts
- Date of judgment
- 8 June 2023
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- 42
- Occupation
- Call centre / debt recovery officer at Stellar Asia Pacific Clerical & Administrative Worker
- Liability
- Admitted
- ISV assessed
- 4 · Item 89 - Minor cervical spine injury
- Total damages
- $12,967
Outcome
Liability was admitted; the contest was over the nature and extent of the injuries. The court found the collision caused only a temporary aggravation of the plaintiff's significant pre-existing cervical and lumbar conditions which had resolved by 23 April 2018, and that there was no material psychiatric impact and no causal link to loss of employment. Judgment was entered for the plaintiff for $12,966.90, far below the amount claimed.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (Allianz Australia Insurance Limited) is the actual payer of the judgment. The insured driver is named on the judgment but is not personally liable to satisfy it — the CTP policy responds.
1 Yvette Dubrava
Driver/tortfeasor
- Judgment against this defendant
- $12,967
Heads of damage
| General damages | $5,920 |
|---|---|
| Past economic loss | $5,500 |
| Interest on past EL | $990 |
| Future loss of economic capacity | $0 |
| Past care (Griffiths v Kerkemeyer) | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $557 |
| Future special damages | $0 |
| Subtotal before refunds | $12,967 |
2 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $12,967
Heads of damage
| General damages | $5,920 |
|---|---|
| Past economic loss | $5,500 |
| Interest on past EL | $990 |
| Future loss of economic capacity | $0 |
| Past care (Griffiths v Kerkemeyer) | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $557 |
| Future special damages | $0 |
| Subtotal before refunds | $12,967 |
Key issues
Eustace v Dubrava & Anor [2023] QDC 100
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