Shepherd v Nominal Defendant
[2020] QSC 209 · North J
Chase Shepherd, a 32-year-old labourer, was severely injured in the early hours of 28 June 2012 when he lost control of his motorcycle and hit a gutter in Townsville. He suffered a serious head injury, the loss of his spleen, and multiple fractures. He sued the Nominal Defendant, claiming an unidentified red car had tailgated him and forced him off the road. The main question was whether that car existed and caused the crash.
The judge accepted that Shepherd had suffered a genuine brain injury and treated him with sympathy, but found his memory unreliable and his accounts inconsistent, noting he may have reconstructed events. The court rejected his account and found no reliable evidence pointing to another vehicle, leaving the crash more likely explained by speeding and inattention. Even though damages were largely agreed and assessed at over $1.1 million, the court gave judgment for the defendant because the plaintiff could not prove his case on how the accident happened. It took over a year from the date of trial for the judge to make the orders. The plaintiff recovered nothing.
Incident & injury
Motorcyclist lost control and collided with a gutter; plaintiff alleged an unidentified motor vehicle forced him off the road, which the court rejected
Read the findings as text
- An unidentified car. Said to have tailgated him.
- No other vehicle proved. Speed and inattention.
- $0 recovered. $1,174,431 assessed.
- Body regions
- Brain / head, Elbow, Wrist, Hand, Ankle / foot, Chest / thorax, Abdomen / pelvis, Internal organs (Bilateral)
- Diagnoses
- Severe traumatic brain injury with post-traumatic amnesia, cognitive disorder, grief disorder, spleen removal, ruptured diaphragm, small intestine laceration, left kidney laceration, left ulna and radius fractures, right radius fracture, right foot toe fracture, fractured ribs, left superficial radial nerve injury
- Incident date
- 28 June 2012
- Location
- Duckworth Street/Nathan Street intersection with Dalrymple Road, Garbutt, Townsville
Quick facts
- Date of judgment
- 26 June 2020
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 32
- Occupation
- Labourer (pipe-laying labourer, labour hire) Labourer
- Liability
- Disputed
- Total damages
- $0
Outcome
The court entered judgment for the defendant. Although damages were assessed at $1,174,430.84 (mostly agreed), the plaintiff failed to prove that an unidentified motor vehicle caused his motorcycle accident; the court found his account unreliable due to his brain injury and inconsistent recollections, so the claim failed on causation.
Defendant
1 Nominal Defendant
CTP Insurer (Nominal Defendant - unidentified vehicle)
- Judgment against this defendant
- $0
Heads of damage
| General damages | $67,950 |
|---|---|
| Past economic loss | $332,800 |
| Interest on past EL | $3,281 |
| Past superannuation | $31,616 |
| Future loss of economic capacity | $587,250 |
| Future superannuation | $55,789 |
| Past special damages (plaintiff) | $3,145 |
| Future special damages | $5,000 |
| Subtotal before refunds | $1,174,431 |
Key issues
Shepherd v Nominal Defendant [2020] QSC 209
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Learn more about motor vehicle accident claims and head and brain injury claims in Queensland.