Case notes by topic
gratuitous care
Case notes tagged “gratuitous care”.
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Picture hiddenDamagesAt-fault accident yields DIY claimant just $8k for ‘exacerbation’
In McMillan v Trad, the Supreme Court of Queensland considered how a plaintiff can prove a later car crash caused compensable harm distinct from longstanding chronic pain.
- Car accident
RACQ mines childhood social media posts to block $$ to Mackay 4WD accident victim
RACQ admitted fault on the part of its insured driver for a Mackay intersection accident in January 2008 but fiercely contested the amount of compensation that was fair to be paid under the CTP insurance policy to the injured…
- Litigation & law practice
Staff instruction crucial to nightclub assault defence: when is “do as I say” enough?
Policies & procedures and examples set by superiors were central to a $1.4 million injury claim by a 28-year-old fabrication foreman injured in a brawl that boiled over onto the footpath outside a Broadbeach nightclub.
- Litigation & law practice
Expert roll call for airport cycle smash
A self-employed cyclist sustained serious injuries when he crashed into the back of a taxi that suddenly pulled in front of him and stopped, on Airport Drive in Brisbane in July 2007.
- Litigation & law practice
Lockhart families win catch value: damages capped by out-of-date limits
A final chapter in the resolution of the May 2005 Lockhart River air disaster unfolded in the Supreme Court in October when five Cape York families were awarded dependency damages against the insurer of the now-defunct airline.
- Litigation & law practice
Suncorp steers by sirens’ song: Classy clipper cuts $500k cheque
Claimants’ medical records can so preoccupy an insurer that they become powerless to resist: like mythical seamen lured on to the rocks by enchanting mermaids.
- Litigation & law practice
Ambitious sign cutter wins husband but court sees red over injury income pretence
Insurer suspicions about the veracity of Gympie girl Tenille Rossi's account of the extent to which she was impaired by her September 2003 motor accident injuries were resoundingly vindicated last month after a three day Supreme…
- Litigation & law practice
Miner extracts $860k from Rio Tinto: Lawn-mowing plays part in ankle injury damages
The Supreme Court last week ordered* a Rio Tinto company to pay a 50-year-old dragline operator $864,686.58 damages as compensation for injuries sustained at its Hail Creek Mine, 90 km south-west of Mackay.
- Litigation & law practice
‘Unjust’ law side-stepped: WorkCover sure to prevail on parliament to fix
The court of appeal has given workers – and parliament - the benefit of the doubt in construing statutory provisions designed to restrict payouts for loss of services to injured workers.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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