Murphy v Madill
[2025] QSC 103 · Sullivan J
Daniel Murphy was a solicitor who suffered psychiatric injury after two motor vehicle accidents. In the first, in January 2017, he came upon a fatal road collision while driving and tried to help; the trauma later affected him. In the second, in August 2019, his car was hit from behind, causing neck and back injuries and worsening his mental health. The insurer for the at-fault drivers, Suncorp, admitted liability, so the case was about what injuries the accidents caused and how much the plaintiff should recover. The court found the second accident caused genuine physical and psychiatric injury but rejected the plaintiff's large claim for lost earnings based on him becoming a well-paid lawyer at a mid-sized firm. The judge held that, because of long-standing psychiatric conditions and autism that predated the accidents, he could only ever have worked modestly as a solo practitioner. The plaintiff was awarded $635,146.81 in total, with future loss of earning capacity the largest component.
Incident & injury
First accident (10 January 2017): plaintiff witnessed fatal motor vehicle accident while driving and rendered aid, suffering psychiatric injury as rescuer/bystander. Second accident (28 August 2019): plaintiff's vehicle rear-ended by second defendant's vehicle on Pacific Motorway near Upper Mount Gravatt.
- Body regions
- Psychiatric, Cervical spine, Lumbar spine
- Diagnoses
- PTSD (delayed onset, florid after second accident), Adjustment disorder, Cervical spine musculoligamentous injury (DRE Category II, 4% WPI net of pre-existing), Lumbar spine pain (2% WPI)
- Incident date
- 10 January 2017
- Location
- Gateway Motorway, Stretton (first accident); Pacific Motorway near Upper Mount Gravatt (second accident)
Quick facts
- Date of judgment
- 22 May 2025
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 42
- Occupation
- Solicitor (sole practitioner) Professional
- Liability
- Admitted
- ISV assessed
- 10 · Item 12, Sch 4 Civil Liability Regulation 2014 (Qld) — moderate mental disorder (PIRS 4-10%)
- Whole Person Impairment
- 13%
- Total damages
- $635,147
Outcome
Judgment for the plaintiff against the third defendant (CTP insurer) for $635,146.81 inclusive of interest. The court found the second accident caused 6% whole-body physical impairment and psychiatric injury (assessed at ISV 10), but rejected the plaintiff's high economic-loss claim based on mid-tier firm earnings, finding he could only realistically practise as a sole practitioner at a modest level due to pre-existing psychiatric conditions and ASD.
Defendant
1 AAI Limited ABN 48 005 297 807 trading as Suncorp Insurance
CTP Insurer (for both first and second defendants)
- Judgment against this defendant
- $635,147
Heads of damage
| General damages | $17,150 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $81,137 |
| Interest on past EL | $10,228 |
| Past superannuation | $0 |
| Future loss of economic capacity | $331,432 |
| Future superannuation | $0 |
| Past care (Griffiths v Kerkemeyer) | $0 |
| Interest on past care | $0 |
| Future care | $107,738 |
| Past special damages (plaintiff) | $46,461 |
| Interest on past special damages | $1,473 |
| Future special damages | $40,000 |
Key issues
Murphy v Madill [2025] QSC 103
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