Ruvuta v Jaderberg & Anor
[2024] QDC 107 · Morzone KC DCJ
Eight months after arriving in Australia as a Rwandan refugee, the plaintiff was riding his bicycle across a Cairns intersection when a four-wheel-drive vehicle turning at the crossing struck him on his left side. He fell heavily onto his right side and then twisted his knee jumping clear of the car. He later tore the cartilage (meniscus) in his right knee and eventually needed surgery. The driver's insurer admitted the accident was the driver's fault but argued the knee injury actually happened later at a social soccer game, not in the crash. The judge, helped by the plaintiff's honest evidence and a medical expert, accepted that the knee injury was caused by the car accident and only aggravated at the soccer game. The judge also found earlier medical notes unreliable because of a poor phone interpreter. The plaintiff, who showed a strong work ethic in disability and youth support work despite his ongoing knee problems, was awarded $124,456.89 plus interest.
Incident & injury
Plaintiff was riding bicycle across pedestrian crossing when struck on left side by turning four-wheel-drive car; thrown to ground and jumped up to avoid further danger.
- Body regions
- Knee / lower leg, Right knee, Right hip, Right elbow, Right and left wrist, Right ankle (Right)
- Diagnoses
- Right lateral meniscal tear, Anterior cruciate ligament strain, Abrasions/gravel rash
- Incident date
- 10 October 2019
- Location
- Intersection of McLeod Street and Aplin Street, Cairns
Quick facts
- Date of judgment
- 12 July 2024
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 21
- Occupation
- Casual farm labourer / English language student (recently arrived refugee) Student
- Liability
- Admitted
- ISV assessed
- 7 · Item 139 - Moderate Knee Injury
- Whole Person Impairment
- 4%
- Total damages
- $124,457
Outcome
The court found that the plaintiff suffered a right meniscal tear in the car accident, later aggravated (but not newly caused) at a social soccer game. Liability was admitted; the contest was over causation and quantum. Judgment for the plaintiff for $124,456.89 plus interest on past economic loss.
Defendant
1 Nils Bertil Jaderberg and RACQ Insurance Limited
Driver and CTP Insurer
- Apportionment
- 100%
- Judgment against this defendant
- $124,457
- Medicare refund
- $3,289
Heads of damage
| General damages | $11,600 |
|---|---|
| Past economic loss | $16,590 |
| Past superannuation | $1,659 |
| Future loss of economic capacity | $75,000 |
| Future superannuation | $8,250 |
| Past special damages (plaintiff) | $10,858 |
| Future special damages | $500 |
| Subtotal before refunds | $124,457 |
Key issues
Ruvuta v Jaderberg & Anor [2024] QDC 107
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