June 26, 2012

Outstanding deeds from elite athletes demand all their ducks rowed neatly and just a feather out of place can ruin a performance or even a promising career.
Thus ran the argument of 21 yr old professional golfer Jason Roach, who was the innocent victim of a serious north Queensland intersection accident in February 2009. But while the court thought it “self-evident” that Roach would experience more severe symptoms than any hacker or duffer, it rejected the contention that had the accident not occurred, he would have qualified for much less, enjoyed success on, the professional golfing circuit.

Although a 1 handicap golfer since age 17 and an accredited Australian PGA player, against such argument, was that “his performance in golf tournaments both before and after the accident, has been disappointing” and that he had as yet, only earned “the most paltry sums by way of prize money”.

Rather, the court approached loss of income earning capacity by reference to income he gained from his role as a private coach for members at the Cairns Golf Club.

Noting that his income from this source had steadily increased over the years, the court agreed that a small loss was likely over time and conceded just $40,000 for his entire 40-year career.

Let’s hope Jason recovers his groove and we soon hear news of his game, in the tournament winner’s lists.
Roach v O’Meara & Anor [2012] QDC 145 Cairns Everson DCJ 19/06/2012

Categories: Personal Injury , Litigation & Law Practice

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