McKay v Armstrong & Anor
[2020] QDC 127 · Morzone QC DCJ
Jessie McKay was a front-seat passenger in a car on Valentine's Day 2014 when another driver lost control and collided with the vehicle she was travelling in on Woolcock Street, Townsville. She suffered an ongoing soft tissue injury to her left shoulder blade and neck area, along with anxiety and depression. Liability was admitted, so the only issue was how much she should be paid. The plaintiff sought around $398,000, while the driver's insurer argued for far less.
The court found the shoulder injury was real but relatively minor, and that most of her psychiatric problems stemmed from difficulties in her personal life, including her partner's drug use and domestic violence, rather than the crash. The judge accepted she was a stoic worker whose reduced capacity had cost her some earnings and would limit her future work prospects. The court awarded her $77,473.73 in total, with the largest component being $50,000 for future loss of earning capacity.
Incident & injury
Front-seat passenger in a car struck when the first defendant lost control of his vehicle and collided with the plaintiff's vehicle
- Body regions
- Shoulder, Cervical spine, Psychiatric (Left)
- Diagnoses
- Soft tissue musculoligamentous injury to left scapular musculature, Cervical soft tissue (whiplash) injury, Adjustment disorder with anxious and depressed mood
- Incident date
- 14 February 2014
- Location
- Woolcock Street, Townsville
Quick facts
- Date of judgment
- 10 June 2020
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 24
- Occupation
- Full-time parent/carer at time of injury; supermarket checkout operator at trial Homemaker
- Liability
- Admitted
- ISV assessed
- 4 · Item 39.2 (soft tissue injury, minor fracture or minor internal organ injury)
- Total damages
- $77,474
Outcome
Judgment for the plaintiff against the negligent driver and his CTP insurer for $77,473.73 following a damages assessment where liability was admitted. The court assessed the dominant injury as a soft tissue left scapular injury with an ISV of 4 and found the psychiatric condition only marginally attributable to the accident.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (RACQ 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 Craig Robert Armstrong
Negligent driver
- Judgment against this defendant
- $77,474
Heads of damage
| General damages | $6,800 |
|---|---|
| Past economic loss | $5,000 |
| Interest on past EL | $14 |
| Past superannuation | $465 |
| Future loss of economic capacity | $50,000 |
| Future superannuation | $5,665 |
| Future care (paid) | $1,530 |
| Past special damages (plaintiff) | $3,000 |
| Future special damages | $5,000 |
| Subtotal before refunds | $77,474 |
2 RACQ Insurance Limited
CTP Insurer
- Judgment against this defendant
- $77,474
Key issues
McKay v Armstrong & Anor [2020] QDC 127
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