Jackson v Bishop & Anor [2013] QDC 279

 

JUDGE: Kingham DCJ
ORDERS: 1.       I award the sum of $144,085.16 to Mr Jackson in damages for personal injuries.2.       Unless the parties submit for a different order within 7 days, the second defendant must pay the plaintiff’s costs of and incidental to these proceedings, assessed on the standard basis, if not agreed.
CATCHWORDS: CIVIL – MOTOR VEHICLE ACCIDENT – INSURER’S LIABILITY   FOR   PERSONAL  INJURY   –   where  AAI Limited was Mr Bishop’s motor vehicle insurer – where Mr Bishop threatened and abused Mr Jackson – where Mr Bishop intentionally drove his vehicle into Mr Jackson’s vehicle, whilst Mr Jackson was inside his vehicle – where Mr Bishop then smashed Mr Jackson’s windscreen with a brick – where Mr Jackson suffered whiplash and post traumatic stress disorder – where AAI denies liability to compensate for the PTSD – whether AAI is liable to compensate for the PTSD – whether Mr Bishop’s driving of the vehicle caused or materially contributed to Mr Jackson’s PTSD – whether Mr Jackson feared for his safety from the time Mr Bishop began to operate his vehicle – whether damages in the amount claimed should be awarded.CIVIL – MOTOR VEHICLE ACCIDENT – MOTOR ACCIDENT INSURANCE ACT 1994 (QLD) S 5 – CAUSATION – INJURY THE RESULT OF A COLLISION – where s 5 of the Motor Accident Insurance Act 1994 (Qld) imposes liability for an injury which is the result of a collision – where multiple events occurred in the course of which there was a motor vehicle collision – where the injury (PTSD) was caused by the event as a whole – where expert evidence could not identify discrete causes of the injury or apportion contribution between multiple events – whether it is sufficient that the collision is a material contribution to the injury.

 

 

David Cormack – Brisbane Barrister.

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