Murphy v Turner-Jones & Anor
[2022] QCA 256 · Morrison and Dalton JJA and Bradley J
Mr Murphy, a taxi driver, was injured in September 2017 when another car collided with the rear of his taxi in a slip lane in Rockhampton. The insurer admitted full responsibility for the crash, so the only question was how much money he should receive for his neck injury, which the medical evidence described as a soft tissue injury with an ongoing pain syndrome rather than any serious physical damage. At trial he was awarded about $200,000. Representing himself, Mr Murphy appealed, arguing for vastly increased damages of over $10 million and raising numerous procedural complaints. The Court of Appeal rejected every ground, finding the trial judge had correctly assessed the injury, properly applied the law, and made fair findings on the evidence. The appeal was dismissed with costs, so the original award of $200,776.07 stood. However, considering the costs associated with appeals it is very possible that the plaintiff would have walked away with close to nothing for his efforts.
Incident & injury
Rear-end motor vehicle collision — a car driven by the first respondent collided with the rear of the taxi the appellant was driving
- Body regions
- Cervical spine
- Diagnoses
- Soft tissue cervical spine injury, Pain syndrome
- Incident date
- 1 September 2017
- Location
- East Street slip lane, Rockhampton
Quick facts
- Date of judgment
- 13 December 2022
- Claim type
- MAIA
- Proceeding
- Appeal
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- Occupation
- Taxi driver Machinery Operator / Driver
- Liability
- Admitted
- ISV assessed
- 10 · Item 88 (moderate cervical spine injury)
- Whole Person Impairment
- 0%
- Total damages
- $200,776
Outcome
The appellant's appeal seeking significantly increased damages (over $10 million) from the trial award of $200,776.07 was dismissed with costs. The Court of Appeal found no error in the primary judge's ISV assessment of 10 (Item 88 moderate cervical spine soft tissue injury) or his factual findings.
Defendant
1 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $200,776
Key issues
Murphy v Turner-Jones & Anor [2022] QCA 256
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