Issues: Quantum only.
The 19 year old plaintiff was awarded $5, 000.00 for General Damages on the basis of Dr Gillett’s report, which did not find a physical impairment, but assessed a 3% impairment for function related to pain in the lumbar spine.
Daubney J accepted the evidence of the plaintiff and Dr Gillett that it was reasonable for her to vocationally redirect herself from being a personal trainer to an occupational therapist. In so doing, Daubney J allowed two periods for the past loss, factoring in tertiary study, together with an allowance for transitioning into the new occupation.
Despite no allowance for gratuitous care, paid commercially sourced services of 1 hour a week @ $39.50/hour was allowed, discounted on the tables for 40 years.

Injury
Dominant
Uplift
Occupation
Past loss
Future loss
G v K
Cervical and lumbar:
Dr Gillett – 0% cervical and 3% lumbar spine (not based on measured physical impairment, but on functional assessment due to pain)
ISV (5)
$5,000.00
ISV 4
25%
Student – personal trainer
$87,221.00
Two periods taking into account her tertiary studies on the basis it was necessary & reasonable for her to follow Dr Gillett’s advice of occupational redirection
$70,000.00
Two periods – finishing tertiary studies and time to find new work, allowing for her residual earning capacity, whilst studying
$50,0000.00 + $20,000.00[1]
Nil, but paid commercial services allowed at
$39.50/hour for one hour per week discounted on the five per cent tables for 40 years –
$36,261.00

[1] Note HICS recoverable as well, less scholarship

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