Ramsay v De Wet & Anor
[2022] QDC 287 · Devereaux SC CJDC
Incident & injury
Passenger in single-vehicle accident where the driver lost control, left the road and entered a creek; girlfriend driver suffered severe head injuries; applicant suffered no physical injuries but developed psychiatric injury.
- Body regions
- Psychiatric
- Diagnoses
- Post-traumatic stress disorder (PTSD), Comorbid alcohol dependence
- Incident date
- 18 February 2012
Quick facts
- Date of judgment
- 14 December 2022
- Claim type
- MAIA
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 19
- Occupation
- Waiter Community & Personal Service Worker
- Whole Person Impairment
- 7%
Outcome
The Court granted the applicant's application under s 31 of the Limitation of Actions Act 1974 (Qld) to extend the limitation period to 10 August 2021. The Court accepted that the applicant did not know he suffered from PTSD linked to the 2012 accident until told at the Gold Coast hospital in September 2020, and that Dr Watt's October 2021 assessment was a further decisive material fact.
Key issues
Ramsay v De Wet & Anor [2022] QDC 287
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