Park v Nam & Anor
[2023] QDC 140 · Sheridan DCJ
Mr Park was a passenger in a car driven by a work manager taking him to hospital for a medical check after he was electrocuted at work. On a dark country road at night, the car hit a dead cow lying in the middle of the road. Mr Park said the crash injured his neck, mid and lower back, left knee, and caused post-traumatic stress, and he sued the driver and the driver's insurer. The main question was whether the driver had been careless, for example by not using high beam, going too fast, or being distracted. The judge found that the oncoming car had just run over the same cow itself, crossed into their lane, and then left the road and ended in a ditch. The driver's attention followed it. On his own evidence about five to ten seconds passed between that and his car hitting the cow, which the judge held was too little time to see it and react. High beam was not an option while the other car was still coming toward him, and nobody suggested it would have shown up the cow anyway. Two other drivers hit the same animal that night, and one of them never saw it at all. The judge decided the driver acted reasonably and was not negligent, so the claim was dismissed. The judge noted that, had the claim succeeded, damages would have been about $112,000.
Incident & injury
Plaintiff was a passenger in a vehicle driven by the first defendant which collided with a dead cow lying in the middle of the roadway at night
Read the findings as text
- High beam, speed, lookout. The failures pleaded.
- An ordinary, prudent person. Two other cars hit the same cow.
- $0 recovered. $112,409 assessed.
- Body regions
- Cervical spine, Lumbar / thoracic spine, Left knee, Psychiatric
- Diagnoses
- Cervical soft tissue strain / musculoligamentous injury, Thoracic and lumbar soft tissue strain, Left knee contusion / post-traumatic chondromalacia patellae, Post-traumatic stress disorder (alleged)
- Incident date
- May 2020
- Location
- Boonah Fassifern Road, near Boonah, Queensland
Quick facts
- Date of judgment
- 17 August 2023
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Cleaner at carrot factory (later chef) Labourer
- Liability
- Disputed
- ISV assessed
- 4 · Item 89 (minor cervical injury) / Item 140 (minor knee injury)
- Total damages
- $0
Outcome
The court found the first defendant driver acted as a reasonable, prudent driver in the circumstances of a sudden collision with a dead cow on a dark road and was not negligent. The claim was dismissed. Had the plaintiff succeeded, damages would have been assessed at $112,408.92.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (Allianz Australia Insurance Limited) 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 Suwoo Nam
Driver
- Judgment against this defendant
- $0
2 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $0
Key issues
Park v Nam & Anor [2023] QDC 140
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Learn more about motor vehicle accident claims in Queensland.