Gardiner v Doerr
[2022] QSC 188 · Cooper J
Caitlin Gardiner was a successful life insurance adviser whose marriage had recently broken down. Early one morning in December 2013, a masked intruder broke into her home, attacked her, forced latex gloves into her mouth, taped her mouth and eyes and bound her hands. She came to recognise the attacker as her estranged husband, James Doerr. Doerr had been acquitted of criminal charges over the incident, and at the civil trial he denied being involved at all. The main questions were whether the assault happened, whether Doerr was the attacker, and how much the plaintiff should recover. The judge accepted the plaintiff's account, supported by DNA evidence, the timing of Doerr shaving his head and body hair, and gaps in his alibi. The court found Doerr committed a battery and that it caused the plaintiff post-traumatic stress disorder. She was awarded around $967,000 in total, including damages for lost business earnings, treatment costs, and additional aggravated and exemplary damages reflecting the seriousness of the attack and the way the case was defended.
Incident & injury
Plaintiff assaulted in her home by a masked intruder (her estranged husband) who broke in while she slept, physically attacked her, forced latex into her mouth, taped her mouth and eyes and bound her hands
- Body regions
- Psychiatric, Head, Face, Left shoulder, Right shoulder, Left elbow, Right elbow, Skin / scarring
- Diagnoses
- Post-Traumatic Stress Disorder, Generalised Anxiety Disorder, soft tissue injuries, bruising and abrasions to head, face, arms and shoulder
- Incident date
- 10 December 2013
- Location
- Villa 1, Royal Pines, Ashmore, Gold Coast
Quick facts
- Date of judgment
- 11 November 2022
- Claim type
- Other
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 42
- Occupation
- Life insurance agent / personal risk insurance adviser Professional
- Liability
- Disputed
- ISV assessed
- 6 · Item 12 (moderate mental disorder), Sch 4 Civil Liability Regulation 2014 (Qld)
- Total damages
- $967,113
Outcome
The court found that the defendant, the plaintiff's estranged husband, broke into her home and committed a battery causing PTSD, despite his earlier criminal acquittal. Judgment was entered for the plaintiff for $967,113.40 including compensatory, aggravated and exemplary damages.
Defendant
1 James Karl Doerr
Perpetrator (former husband)
- Judgment against this defendant
- $967,113
Heads of damage
| General damages | $8,410 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $358,123 |
| Interest on past EL | $58,302 |
| Future loss of economic capacity | $343,081 |
| Past care (Griffiths v Kerkemeyer) | $35,560 |
| Interest on past care | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $13,412 |
| Interest on past special damages | $1,899 |
| Future special damages | $13,126 |
| Subtotal before refunds | $967,113 |
Key issues
Gardiner v Doerr [2022] QSC 188
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