Supreme Court - Trial Division

Brown v Holzberger & AAI Limited [2017] QSC 054 ; [2017] 14 QLR (16/5) McMeekin J 12 April 2017

Full-text: QSC17-054.pdf

Catchwords

TORTS – NEGLIGENCE – ROAD ACCIDENT – LIABILITY OF DRIVERS OF VEHICLES – INTERSECTIONS AND JUNCTIONS – where plaintiff’s motorcycle collided with defendant’s car causing plaintiff to suffer serious injuries resulting in below knee amputation – where plaintiff alleges defendant’s negligence caused the accident – whether plaintiff has discharged onus of demonstrating that the accident occurred because of negligence on the part of the first defendant

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – MULTIPLE INJURIES – GENERAL PRINCIPLES – assessment of damages pursuant to the Civil Liability Act (2003) –– where the assessment of general damages is in issue – where the assessment of past and future economic loss is in issue – where the assessment of past and future care is in issue