Seiffert v Chadwick and TAC
[2021] QDC 8 · Long SC, DCJ
A 33-year-old construction worker and crane operator was injured when the car he was driving, stopped at an intersection on the Sunshine Coast, was struck from behind by another vehicle in October 2016. He suffered a chronic soft-tissue neck and left shoulder injury. The driver who hit him admitted causing the crash, but the insurer disputed whether the accident really caused the man's ongoing symptoms or his later decision to leave high-paying construction work for a lower-paid union job. The insurer pointed to the fact he kept working for some time, did not see a doctor for 18 months, and continued going to the gym. The court preferred the plaintiff's evidence and that of his orthopaedic surgeon, finding he was a frank witness whose injuries genuinely pushed him out of heavy work. The judge awarded around $457,000 in total, with the largest component being future loss of earning capacity of about $309,000.
Incident & injury
Plaintiff was the driver of a stationary vehicle that was struck from behind by the first defendant's vehicle, causing a soft tissue cervical spine / left shoulder girdle injury.
- Body regions
- Cervical spine, Left shoulder girdle
- Diagnoses
- Chronic musculoligamentous injury of soft tissue supporting structure of cervical spine
- Incident date
- 7 October 2016
- Location
- Razorback Road, Montville, Sunshine Coast Hinterland
Quick facts
- Date of judgment
- 22 January 2021
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 33
- Occupation
- Construction worker / crane operator (later union organiser) Machinery Operator / Driver
- Liability
- Partial
- ISV assessed
- 9 · Item 88 - moderate cervical spine injury (soft tissue injury)
- Whole Person Impairment
- 7%
- Total damages
- $456,640
Outcome
Liability for the rear-end collision was admitted; the contested issue was whether the plaintiff's ongoing neck symptoms and resulting career change (from construction/crane work to lower-paid union work) were caused by the accident. The court accepted the plaintiff's evidence and that of his expert, found factual causation established, and entered judgment for the plaintiff for $456,640.30.
Defendant
1 Joshua Burton Chadwick / Transport Accident Commission
Driver / CTP Insurer
- Apportionment
- 100%
- Judgment against this defendant
- $456,640
- Medicare refund
- $873
Heads of damage
| General damages | $14,040 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $77,348 |
| Interest on past EL | $494 |
| Past superannuation | $7,348 |
| Future loss of economic capacity | $309,300 |
| Future superannuation | $36,343 |
| Past special damages (plaintiff) | $2,815 |
| Interest on past special damages | $23 |
| Future special damages | $7,500 |
| Subtotal before refunds | $456,640 |
Key issues
Seiffert v Chadwick and TAC [2021] QDC 8
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