Gardiner v Doerr
[2022] QSC 188 · Cooper J
Caitlin Gardiner, a 42-year-old life insurance agent, sued her then-estranged husband James Doerr for a violent home invasion at their former matrimonial home at Royal Pines on the Gold Coast in the early hours of 10 December 2013. She alleged that Doerr broke in while she was asleep, attacked her, forced latex gloves into her mouth, bound her hands and taped her mouth and eyes, before eventually being identified and leaving. Doerr denied any involvement and had been acquitted at a criminal trial, but the Supreme Court found — on the civil standard of proof — that he was the assailant. Ms Gardiner developed Post-Traumatic Stress Disorder and Generalised Anxiety Disorder as a result, which significantly impaired her capacity to conduct her insurance advice business. The court awarded just over $967,000, including past and future economic loss of around $700,000, aggravated damages of $50,000 (reflecting the violent manner of the assault and the conduct of the defence), and exemplary damages of $50,000 to mark the court's disapproval of Doerr's conduct.
Incident & injury
Home invasion: defendant broke into plaintiff's residence while she was sleeping and physically assaulted her (battery), including forcing latex gloves into her mouth, holding her nose, striking her head against the floor, binding her hands and placing tape over her eyes and mouth; preceded by a verbal threat to rape and sodomise her
- 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, 5019 Riverwood Grove, Royal Pines, Ashmore
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 / financial 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 plaintiff succeeded in establishing that her former husband broke into her home and committed a violent battery upon her, despite his acquittal in prior criminal proceedings. Judgment was entered for $967,113.40, including past and future economic loss, aggravated damages of $50,000 and exemplary damages of $50,000.
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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