O'Connor v Wright
[2021] QDC 173 · Moynihan QC DCJ
This plaintiff was a 16-year-old driver injured when the defendant rear-ended her vehicle on the Bruce Highway, causing soft tissue injuries to her neck and back and aggravating her pre-existing scoliosis. Liability was admitted, so the trial was only about the amount of damages. The plaintiff claimed almost $100,000, mainly for future economic loss, but the Court found her injuries were mild, had largely resolved, and that her ongoing back pain was mostly due to her pre-existing scoliosis rather than the crash. The Court still accepted that the accident had caused some pain, some future treatment needs, and a small but real disadvantage in her future earning capacity.
Incident & injury
Rear-end motor vehicle collision; first defendant struck rear of plaintiff's near-stopped vehicle at approximately 70km/h, forcing it into another vehicle in front
- Body regions
- Cervical spine, Thoracolumbar spine
- Diagnoses
- Soft tissue (whiplash) injury to cervical spine, Aggravation of pre-existing thoracolumbar scoliosis
- Incident date
- 5 January 2018
- Location
- Bruce Highway, Palmview
Quick facts
- Date of judgment
- 12 August 2021
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 16
- Occupation
- School student (working part-time in canteen) Student
- Liability
- Admitted
- ISV assessed
- 7 uplift applied · Item 94 (minor thoracic spine injury) - Schedule 4, Civil Liability Regulation 2014
- Total damages
- $30,880
Outcome
Plaintiff awarded $30,880 for soft tissue injuries to cervical and thoracolumbar spine sustained in a rear-end collision. Court preferred Dr McCombe's evidence that ongoing back pain was predominantly due to pre-existing scoliosis with only minor aggravation from the accident. ISV assessed at 7 with uplift; global future economic loss allowed at $17,500.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (AAI Limited t/a Suncorp Insurance) is the actual payer of the judgment. The insured driver is named on the judgment but is not personally liable to satisfy it — the CTP policy responds.
1 Lawrence Pieter Wright
Driver (tortfeasor)
- Judgment against this defendant
- $30,880
- Medicare refund
- $145
Heads of damage
| General damages | $11,880 |
|---|---|
| Past economic loss | $0 |
| Future loss of economic capacity | $17,500 |
| Past special damages (plaintiff) | $1,000 |
| Future special damages | $500 |
| Subtotal before refunds | $30,880 |
2 AAI Limited t/a Suncorp Insurance
CTP Insurer
- Judgment against this defendant
- $30,880
- Medicare refund
- $145
Heads of damage
| General damages | $11,880 |
|---|---|
| Past economic loss | $0 |
| Future loss of economic capacity | $17,500 |
| Past special damages (plaintiff) | $1,000 |
| Future special damages | $500 |
| Subtotal before refunds | $30,880 |
Key issues
O'Connor v Wright [2021] QDC 173
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.