Norman v Hird and Anor

[2025] QDC 44 · Rosengren DCJ

In plain language

A 17-year-old woman was injured in August 2020 when another driver turned right across her path at a Beerburrum intersection and the cars collided. She claimed she suffered ongoing neck and lower back injuries. The other driver and her insurer admitted fault, so the only dispute was how much the injuries were worth. The court accepted that the woman's neck injury (a soft-tissue whiplash) was caused by the crash, but found her lower back pain was more likely due to unrelated gynaecological problems she had been treated for over several years. The judge was also cautious about her evidence, noting social media posts suggested her neck symptoms were less constant than she told doctors. Because she was so young with a limited work history, the court estimated her future loss of earning capacity on a broad basis, allowing $70,000. She was awarded a total of $103,198, well below the roughly $180,000 she sought but well above the defendants' suggested $7,700.

Incident & injury

Motor vehicle collision when the first defendant turned right across the plaintiff's path of travel

Body regions
Cervical spine
Diagnoses
Soft-tissue injury to cervical spine (whiplash), Post-concussion syndrome
Incident date
16 August 2020
Location
Beerburrum, Queensland (intersection of Beerburrum Road and Beerburrum Woodford Road)

Quick facts

Date of judgment
31 March 2025
Claim type
MAIA
Proceeding
Trial
Plaintiff outcome
Successful
Plaintiff age at injury
17
Occupation
Retail assistant (later truck driver / sales assistant) Sales Worker
Liability
Admitted
ISV assessed
4 · Item 89 — minor cervical spine injury (Civil Liability Regulation 2014 (Qld))
Whole Person Impairment
4%
Total damages
$103,198

Outcome

The plaintiff succeeded in establishing a soft-tissue neck injury causally related to the motor vehicle accident but failed to prove causation for her lower back symptoms. Judgment was entered for $103,198, significantly less than the approximately $180,000 claimed, with ISV assessed at 4 (Item 89 minor cervical injury) rather than the ISV 12 claimed.

Defendant

1 Jennifer Nicole Hird and Allianz Australia Insurance Limited

At-fault driver and CTP Insurer

Apportionment
100%
Judgment against this defendant
$103,198
Medicare refund
$933
Heads of damage
General damages $6,480
Interest on general damages $0
Past economic loss $19,140
Interest on past EL $1,040
Past superannuation $1,830
Future loss of economic capacity $70,000
Past special damages (plaintiff) $1,633
Interest on past special damages $75
Future special damages $3,000

Key issues

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Norman v Hird and Anor [2025] QDC 44

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