Lawson v Munns & Insurance Commission of Western Australia
[2026] QDC 52 · Kahler DCJ
Alistair Lawson, a 32-year-old civil construction supervisor, was hurt while working as a pedestrian on a road works site near Ayr when a car left the road, hit several parked vehicles and struck him. He suffered a closed fracture of his left fibula. The other driver admitted fault, so the only question was how much the injury was worth. The driver's interstate insurer (the Insurance Commission of Western Australia) argued the plaintiff had fully recovered, while the plaintiff said he still had ongoing knee pain, a limp and muscle wasting in his left leg. The judge accepted the plaintiff continued to have some symptoms and a reduced ability to do heavy standing-and-walking work, but noted he had kept working consistently in well-regarded supervisory roles. The court awarded $173,658.70 in total, including $125,000 for reduced future earning capacity (calculated globally with a large discount).
Incident & injury
Plaintiff was a pedestrian supervising road works when a vehicle driven by the first defendant left the roadside, collided with parked vehicles and struck him
- Body regions
- Knee / lower leg, Left lower limb, Left knee (Left)
- Diagnoses
- Closed fracture of left proximal third of fibula, Chronic pain, Left quadricep muscle wasting
- Incident date
- 29 March 2022
- Location
- Home Hill Road, Ayr, Queensland
Quick facts
- Date of judgment
- 6 May 2026
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 32
- Occupation
- Supervisor in civil construction (road building) Manager
- Liability
- Admitted
- ISV assessed
- 4 · Item 136 (minor lower limb injury) Civil Liability Regulation 2014 Sch 7
- Whole Person Impairment
- 3%
- Total damages
- $173,659
Outcome
Liability was admitted; the dispute concerned quantum only. The court accepted the plaintiff suffered ongoing left leg symptoms (pain, limp and quad wasting) caused by the fibula fracture and entered judgment for the plaintiff against both defendants for $173,658.70, with future economic loss assessed globally at $125,000.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (Insurance Commission of Western Australia) 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 Donald Ian Munns
Driver
- Judgment against this defendant
- $173,659
- WorkCover refund
- $3,106
Heads of damage
| General damages | $6,520 |
|---|---|
| Past economic loss | $12,274 |
| Interest on past EL | $1,203 |
| Past superannuation | $1,166 |
| Future loss of economic capacity | $125,000 |
| Future superannuation | $15,000 |
| Past special damages (plaintiff) | $1,392 |
| Past special damages (WorkCover) | $3,106 |
| Interest on past special damages | $136 |
| Future special damages | $7,861 |
2 Insurance Commission of Western Australia
CTP Insurer
- Judgment against this defendant
- $173,659
- WorkCover refund
- $3,106
Heads of damage
| General damages | $6,520 |
|---|---|
| Past economic loss | $12,274 |
| Interest on past EL | $1,203 |
| Past superannuation | $1,166 |
| Future loss of economic capacity | $125,000 |
| Future superannuation | $15,000 |
| Past special damages (plaintiff) | $1,392 |
| Past special damages (WorkCover) | $3,106 |
| Interest on past special damages | $136 |
| Future special damages | $7,861 |
Key issues
Lawson v Munns & Insurance Commission of Western Australia [2026] QDC 52
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.