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 the collision happened in a split second after an oncoming car swerved into their lane, that the driver had no real chance to avoid the cow, and that other drivers had hit the same animal that night. 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
- Body regions
- Cervical spine, Thoracic spine, Lumbar 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
- 1 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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