Kruger v Cronn & Nominal Defendant
[2025] QDC 21 · Treviño KC DCJ
Scott Kruger lived in a Cairns suburb and was frustrated by dirt bikes being ridden on the grassed verge near his home. On 9 June 2017 he walked over to confront a rider. Kruger's case was that the rider failed to avoid him and rode into him while he stood still, fracturing his right forearm, and he sued the rider and the Nominal Defendant (because the bike was uninsured). The rider and his passenger said Kruger deliberately stepped into the bike's path and swung his arm into the rider's head as they tried to pass. The judge found Kruger's evidence unreliable, noting it conflicted with what he had told his former partner, medical staff and an earlier criminal trial. The court concluded Kruger intentionally struck the rider, so the rider was not negligent and did not cause the injury. The claim was dismissed. Had the plaintiff won, damages would have been assessed at about $66,000.
Incident & injury
Plaintiff confronted a dirt bike rider on a grassed footpath and deliberately swung his right arm into the rider's head as the bike passed, fracturing his own right forearm (plaintiff alleged the bike collided with him while he stood stationary).
Read the findings as text
- A conviction presumption. S 79(3) Evidence Act.
- Presumption rebutted. He struck the rider.
- $0 recovered. $66,473 assessed.
- Body regions
- Hand / wrist, Right forearm, Respiratory, Psychiatric (Right)
- Diagnoses
- Comminuted fractures of right radius and ulna mid shaft, Pulmonary embolus, Adjustment disorder with mixed anxiety and depression
- Incident date
- 9 June 2017
- Location
- Kanimbla, Cairns (grassed verge on Ramsey Drive)
Quick facts
- Date of judgment
- 7 March 2025
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~38 (inferred)
- Occupation
- Boarding house supervisor / youth worker (former fitter and turner) Community & Personal Service Worker
- Liability
- Disputed
- ISV assessed
- 10 uplift applied · Item 123 Moderate upper limb injury (Civil Liability Regulation 2014 Sch 4)
- Total damages
- $0
Outcome
The court found the plaintiff deliberately swung his arm into the dirt bike rider's head, rebutting the presumption arising from the rider's dangerous driving conviction under s 79(3) Evidence Act. Liability failed on breach and on causation, and the s 45 CLA illegal-conduct exemption would also have barred the claim. The claim was dismissed; damages were assessed contingently at $66,472.96.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (Nominal Defendant) 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 Daniel Matthew Cronn
First defendant — dirt bike rider
- Judgment against this defendant
- $0
2 Nominal Defendant
Second defendant — CTP insurer for unregistered vehicle under MAIA 1994 s 31(c)
- Judgment against this defendant
- $0
Key issues
Kruger v Cronn & Nominal Defendant [2025] QDC 21
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Learn more about motor vehicle accident claims in Queensland.