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