Harris v Manton & Anor
[2020] QSC 101 · Bradley J
Mitchell Harris was seriously injured in a head-on car crash on Bribie Island Road near Caboolture in July 2015. His utility collided with a Pajero four-wheel-drive driven by Dane Manton, who was travelling in the opposite direction. Both drivers were badly hurt. The case was about who was at fault. Harris claimed that Manton veered off the road, over-corrected, and crossed the centre line into his path. Manton said he stayed in his own lane and that Harris's utility suddenly swerved across into oncoming traffic. Several independent eyewitnesses, along with photographs of gouge marks and debris on the road, supported Manton's version.
The judge found the collision happened entirely within Manton's lane and was caused by Harris crossing over when it was unsafe. The court held that Manton did not breach his duty of care and was not negligent. The practical result is that Harris's claim fails, and judgment is likely to be entered for the defendants once the parties are heard on the form of order.
Incident & injury
Head-on motor vehicle collision on a single carriageway; the plaintiff's utility crossed into the oncoming east-bound lane and collided with the first defendant's vehicle.
- Body regions
- Multiple regions / generalised
- Incident date
- 2 July 2015
- Location
- Bribie Island Road, Caboolture
Quick facts
- Date of judgment
- 6 May 2020
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Not stated
- Liability
- Disputed
- Total damages
- $0
Outcome
The court determined liability only, finding the collision was caused by the plaintiff's own negligence in crossing into the oncoming lane. The first defendant did not breach his duty of care, and the court indicated judgment would be entered for the first defendant, subject to hearing the parties on the form of order.
Defendants (2)
1 Dane Douglas Manton
Driver
2 QBE Insurance (Australia) Ltd
CTP Insurer
Key issues
Harris v Manton & Anor [2020] QSC 101
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