Marshall v Corbett & Anor
[2023] QDC 211 · Farr SC DCJ
Keith Marshall, a 41-year-old casual chef, was riding his motorcycle along South Pine Road at Enoggera in June 2019 when it collided with a car driven by Lynn Corbett as she manoeuvred to reach a parking space. He suffered serious injuries including a fractured femur, multiple rib fractures, a punctured lung, and a fractured sternum and collarbone. The main question was whether the driver was negligent and, if so, what damages should be paid. The judge found the driver was a reliable witness who had driven carefully, while the plaintiff's evidence was inconsistent — in a later police interview he had agreed with the driver's account and admitted he had been looking at traffic lights ahead and did not notice the car slowing in time. The court concluded the crash was caused entirely by the plaintiff's own failure to keep a proper lookout and travel safely, and dismissed his claim. Even so, the judge assessed what damages would have been (about $136,000) had the plaintiff succeeded.
Incident & injury
Motorcycle ridden by the plaintiff collided with the rear/driver's door of the first defendant's car as it was turning right; court found the collision was caused solely by the plaintiff's negligence.
- Body regions
- Chest / thorax, Chest, Thoracic spine, Right lower limb (femur), Left clavicle, Psychiatric
- Diagnoses
- Right femur fracture, Bilateral rib fractures, Pneumothorax, Sternal fracture, Left clavicle fracture, Flail chest, Thoracic spine compression fractures (T6-T9), Adjustment disorder with anxious and depressed mood (resolved)
- Incident date
- 3 June 2019
- Location
- South Pine Road, Enoggera
Quick facts
- Date of judgment
- 22 November 2023
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 41
- Occupation
- Chef (agency/casual) Technician / Trade Worker
- Liability
- Disputed
- ISV assessed
- 30 · Item 37 - Serious Chest Injury (Sch 4 Civil Liability Regulation 2014)
- Total damages
- $0
Outcome
The court found the first defendant was not negligent and that the collision was caused solely by the plaintiff's negligence (failing to keep a proper lookout, travel at a safe speed and keep a safe distance). The claim was dismissed; the plaintiff recovered nothing. The court nonetheless assessed notional quantum at $136,025.
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 Lynn Corbett
Driver (first defendant)
- Judgment against this defendant
- $0
- Medicare refund
- $2,075
Heads of damage
| General damages | $52,900 |
|---|---|
| Past economic loss | $73,148 |
| Interest on past EL | $86 |
| Past superannuation | $6,891 |
| Future loss of economic capacity | $0 |
| Future superannuation | $0 |
| Past special damages (plaintiff) | $3,000 |
| Subtotal before refunds | $136,025 |
2 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $0
Key issues
Marshall v Corbett & Anor [2023] QDC 211
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