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 86th percentile · MAIA cervical spine matters (n=14)
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)
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 |
| Past special damages (plaintiff) | $23,523 |
| 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
Key issues
Towell v Mooney & Allianz Australia Insurance Ltd [2023] QDC 130
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