Kate Ann Sutton v Lauren Nicole Hunter
[2021] QSC 249 · Freeburn J
Kate Sutton was injured in February 2015 when another car rear-ended her vehicle at Mudgeeraba on the Gold Coast. The crash was severe enough that both cars were written off. Although her physical injuries were minor, she developed post-traumatic stress disorder that left her anxious, socially withdrawn and unable to work. The insurer admitted fault, so the only question was how much she should receive. The court assessed her psychiatric injury and awarded general damages, and worked carefully through her loss of earning capacity — she had been out of the workforce raising children for over a decade but planned to return. The judge rejected an accountant's report estimating very large losses, finding it unreliable, and also refused a claim for care provided by her husband because the evidence was too vague. The court awarded her around $314,000 in total, the largest part being past loss of earning capacity.
Incident & injury
Rear-end motor vehicle collision; significant impact, both vehicles written off
- Body regions
- Psychiatric, Soft tissue
- Diagnoses
- Post-Traumatic Stress Disorder (PTSD), Soft tissue injuries
- Incident date
- 15 February 2015
- Location
- Mudgeeraba
Quick facts
- Date of judgment
- 7 October 2021
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 43
- Occupation
- Homemaker (former retail manager / business roles; out of workforce raising children for over a decade) Homemaker
- Liability
- Admitted
- ISV assessed
- 13 uplift applied · Item 12 - Moderate mental disorder
- Total damages
- $314,345
Outcome
Liability was admitted by the CTP insurer and only quantum was in issue. The court assessed the plaintiff's PTSD with an ISV of 13, rejected the plaintiff's forensic accounting evidence and gratuitous care claim, and entered judgment for $314,345.
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 Lauren Nicole Hunter
Driver (tortfeasor)
- Judgment against this defendant
- $314,345
- Medicare refund
- $4,969
Heads of damage
| General damages | $21,280 |
|---|---|
| Past economic loss | $180,336 |
| Interest on past EL | $10,355 |
| Future loss of economic capacity | $77,357 |
| Past care (Griffiths v Kerkemeyer) | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $8,519 |
| Interest on past special damages | $489 |
| Future special damages | $11,040 |
2 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $314,345
- Medicare refund
- $4,969
Heads of damage
| General damages | $21,280 |
|---|---|
| Past economic loss | $180,336 |
| Interest on past EL | $10,355 |
| Future loss of economic capacity | $77,357 |
| Past care (Griffiths v Kerkemeyer) | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $8,519 |
| Interest on past special damages | $489 |
| Future special damages | $11,040 |
Key issues
Kate Ann Sutton v Lauren Nicole Hunter [2021] QSC 249
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