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Personal Injuries – Motor Vehicle
Caffrey v AAI Limited [2019] QSC 7 Flanagan J Facts The Plaintiff began his policing career in the United Kingdom, in approximately 1984, as a reservist for the Royal Military Police. He then joined the West Mercia Constabulary in 1995 before migrating with his wife and two children to Australia in 2005. At that time, he joined the...
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Garside v Rohan & Ors [2018] QSC 295 Judgement delivered 11 December 2018, Brisbane, by Davis J. Facts On 25 November 2014, the Plaintiff was travelling North from Emerald to Capella along the Gregory Highway on his motorcycle. The Plaintiff was travelling behind an Emerald bus, which was a few car lengths behind a green truck. 10km...
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Zavodny v Couper & QBE [2018] QSC 238 The plaintiff who was injured in a traffic collision brought an application under rule 223 of the Uniform Civil Procedure Rules (UCPR) shortly before the trial, seeking disclosure of documents, including surveillance, as referred in the insurer’s updated list of documents, but for which privilege was claimed....
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RACQ Insurance Limited v Foster [2018] QCA 252 Further to my earlier post the Court of Appeal reviewed the authorities of Newberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519; King v Parsons [2006] 2 Qd R 122 and Farnham v Pruden [2017] 1 Qd R 128 when considering the interaction of section...
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Rook v Crofts & Anor [2018] QDC 184 The plaintiff’s claim arose out of a motor vehicle collision when the plaintiff’s vehicle was struck from behind. Accordingly, the trial concerned the quantum of the plaintiff’s damages only. The plaintiff’s injuries were to his cervical and thoracic spine, together with a psychiatric condition. The physical injuries...
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Brown v Daniels & Anor [2018] QSC 209 The plaintiff claimed for personal injuries sustained when his motorcycle collided with the rear of a horse float towed by the first defendant when the first defendant turned into the path of the plaintiff. The compulsory insurer (second defendant) alleged the plaintiff was travelling too fast to...
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Berwick v Clark & Anor [2018] QSC 116 Applegarth  In August 2012 the plaintiff suffered catastrophic injuries including a severe head injury resulting in permanent disability, when his vehicle, a Mazda 6, collided with the first defendant’s vehicle, a Mazda 2, crossing the plaintiff’s lane. The plaintiff could not give evidence because of the cognitive...
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Schofield v Hopman & Anor [2017] QSC 297 McMeekin J In August 2014 the plaintiff sustained personal injuries in a motor vehicle accident. The plaintiff was riding his motorcycle behind another two riders on a single lane road when he collided with the insured’s oncoming vehicle. Pursuant to ss 132, 133 Transport Operation (Road Use...
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Dodd v O’Meara & AAI Limited [2017] QDC 226 Porter QC DCJ The plaintiff was involved in a motor vehicle accident on 26 December 2007 where he allegedly suffered personal injuries. Trial commenced on 29 August 2017. Liability was not in dispute. On the first day of the trial counsel for the defendants commenced cross...
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Costin v Copson & Anor [2017] QDC 183 Reid DCJ The plaintiff, a resident of Denmark travelling to Australia, was the front seat passenger of a motor vehicle driven by the first defendant who was struck from behind in March 2014, eventuating in a concertina collision. A day after the accident, the plaintiff attended upon...
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