Harris v Manton & Anor
[2020] QCA 241 · Fraser JA and Boddice and Brown JJ
This was an appeal to the Queensland Court of Appeal about who caused a serious car crash near Caboolture in July 2015. The plaintiff, Mitchell Harris, was driving a utility to work when it collided head-on with a Pajero driven by another man. Harris was injured. The trial had dealt only with who was at fault. The trial judge found that Harris's own vehicle had veered across the dividing line into the oncoming lane, so his claim for damages was dismissed.
Harris appealed, arguing the judge got the facts wrong and should have preferred the evidence of a driver behind him who said the Pajero crossed the line. The Court of Appeal reviewed all the evidence and agreed with the trial judge. Several independent witnesses had consistently described Harris's vehicle swerving sharply into the wrong lane, and physical marks on the road supported that account.
The appeal was dismissed and Harris was ordered to pay the other side's legal costs.
Incident & injury
Motor vehicle collision — plaintiff's utility collided with an oncoming Pajero; the court found the plaintiff's vehicle crossed the dividing line into the oncoming lane
- Body regions
- Multiple regions / generalised
- Incident date
- 2 July 2015
- Location
- Roadway near Caboolture (between Bribie Island and Caboolture)
Quick facts
- Date of judgment
- 4 November 2020
- Claim type
- MAIA
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The Court of Appeal dismissed the plaintiff's appeal, upholding the trial judge's finding that the collision was caused by the plaintiff's own utility crossing the dividing line into the path of the first respondent's Pajero. No error of fact or law was established. The plaintiff was ordered to pay the respondents' costs.
Key issues
Harris v Manton & Anor [2020] QCA 241
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