Towell v Mooney & Allianz Australia Insurance Ltd
[2023] QDC 130 · Dearden DCJ
Talitha Towell was injured in a car crash on 30 August 2019 when another driver, insured by Allianz, negligently collided with her. The accident caused a permanent injury to her neck, aggravating previously symptom-free degenerative changes in her cervical spine. Liability was admitted, so the trial was only about how much she should receive. The main dispute was over her loss of income: before the accident she worked in retail at Foodworks and as a casual childcare educator, and intended to build a long-term childcare career and eventually become a centre director. The court accepted she could no longer do childcare work because of the neck injury. The defendants argued she had not proven a real future financial loss and pointed to several past injury claims she had not disclosed. The judge found her an honest witness and rejected that argument. She was awarded around $285,000 in total, including $150,000 for future loss of income and about $41,700 for past loss.
Incident & injury
Motor vehicle collision caused by the negligence of the first defendant driver
- Body regions
- Cervical spine
- Diagnoses
- Permanent aggravation of mild, previously asymptomatic degenerative changes in the cervical spine, DRE Category II cervical spine injury
- Incident date
- 30 August 2019
Quick facts
- Date of judgment
- 21 July 2023
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 31
- Occupation
- Retail employee/shift supervisor at Foodworks and casual floater childcare educator at Wandilla Magic Childcare Centre Sales Worker
- Liability
- Admitted
- ISV assessed
- 9 · Item 88 - Moderate cervical spine injury (soft tissue)
- Whole Person Impairment
- 7%
- Total damages
- $285,123
Outcome
The court assessed the plaintiff's cervical spine injury at ISV 9 and awarded global sums for past and future economic loss reflecting her inability to pursue a childcare career. Judgment was entered for the plaintiff against both defendants for $285,122.63.
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 Benjamin James Mooney
Driver/tortfeasor
- Judgment against this defendant
- $285,123
Heads of damage
| General damages | $15,300 |
|---|---|
| Past economic loss | $41,685 |
| Interest on past EL | $1,540 |
| Past superannuation | $4,168 |
| Future loss of economic capacity | $150,000 |
| Future superannuation | $16,500 |
| Interest on past special damages | $639 |
| Future special damages | $29,677 |
| Fox v Wood | $2,090 |
| Subtotal before refunds | $285,123 |
2 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $285,123
Heads of damage
| General damages | $15,300 |
|---|---|
| Past economic loss | $41,685 |
| Interest on past EL | $1,540 |
| Past superannuation | $4,168 |
| Future loss of economic capacity | $150,000 |
| Future superannuation | $16,500 |
| Interest on past special damages | $639 |
| Future special damages | $29,677 |
| Fox v Wood | $2,090 |
| Subtotal before refunds | $285,123 |
Key issues
Towell v Mooney & Allianz Australia Insurance Ltd [2023] QDC 130
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