Murphy v Turner-Jones & Anor

[2022] QSC 40 · Crow J

In plain language

Brett Murphy was driving his taxi in Rockhampton in September 2017 when another car ran into the back of his vehicle at low speed. He claimed he had suffered serious spinal injuries throughout his neck and back and asked for more than $10 million in damages. The insurer accepted that it was responsible for the crash but argued the impact was minor and caused only a mild neck strain. Mr Murphy represented himself at trial. After hearing several specialists, the judge found there was no serious physical injury shown on scans, but accepted Mr Murphy genuinely suffered from a chronic pain condition affecting his neck. The judge assessed his injury at the top of the moderate soft-tissue range and awarded just over $200,000, made up mainly of compensation for his reduced ability to earn a living. Claims for future surgery, yard maintenance and punitive damages were all rejected for lack of evidence.

Incident & injury

Low-speed rear-end motor vehicle collision while the plaintiff was driving his taxi; vehicle struck from behind by a following Holden Rodeo

Body regions
Cervical spine
Diagnoses
Whiplash injury / soft tissue cervical spine injury, Pain syndrome
Incident date
12 September 2017
Location
Rockhampton

Quick facts

Date of judgment
31 March 2022
Claim type
MAIA
Proceeding
Trial
Plaintiff outcome
Successful
Plaintiff age at injury
~45 (inferred)
Occupation
Taxi driver (operating through his company Camtra Pty Ltd) Machinery Operator / Driver
Liability
Admitted
ISV assessed
10 · Item 88 - Moderate cervical spine injury (soft tissue)
Total damages
$200,776

Outcome

The self-represented plaintiff recovered $200,776.07 against the CTP insurer for a soft-tissue cervical whiplash injury and associated pain syndrome arising from a low-speed motor vehicle accident. The court rejected the plaintiff's contention of serious organic spinal injury, accepted 0% organic impairment but assessed an ISV of 10 (top of Item 88) to reflect the pain syndrome, and declined the claim for exemplary damages.

Defendant

1 Allianz Australia Limited

CTP Insurer

Judgment against this defendant
$200,776
Heads of damage
General damages $16,150
Past economic loss $59,675
Interest on past EL $0
Future loss of economic capacity $107,786
Past special damages (plaintiff) $8,257
Interest on past special damages $148
Future special damages $8,760
Subtotal before refunds $200,776

Key issues

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Murphy v Turner-Jones & Anor [2022] QSC 40

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