Wyatt v AAI Limited
[2021] QDC 188 · Devereaux SC CJDC
Incident & injury
Motor vehicle accident — applicant was a passenger in a car that was struck by another vehicle which then collided with a power pole and caught fire, killing its driver. Applicant witnessed the fatal injuries.
- Body regions
- Psychiatric, Cervical spine
- Diagnoses
- Post-traumatic stress disorder, Major depressive disorder with melancholia, Whiplash / cervical soft tissue injury
- Incident date
- 7 October 2016
Quick facts
- Date of judgment
- 16 August 2021
- Claim type
- MAIA
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Occupation
- Teacher Professional
Outcome
Application to extend the limitation period under s 31 of the Limitation of Actions Act 1974 (Qld) allowed. The court found that the permanent nature and extent of the applicant's psychiatric injury (PTSD and major depressive disorder) was a material fact of a decisive character that was not within his means of knowledge until January 2020, when he resumed full-time classroom teaching and received the MAT assessment.
Defendant
1 AAI Limited t/as Suncorp Insurance
CTP Insurer
- Judgment against this defendant
- $0
Key issues
Wyatt v AAI Limited [2021] QDC 188
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