Case notes by topic
damagesPage 5
Case notes tagged “damages”.
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- Litigation & law practice
Court excuses car owner from $200k liability because parent there to make joyride call
After Christmas day lunch in 2005, 17-year-old learner driver Debbie-Jo Simpson got permission to take a farm vehicle for a drive with her brother Sam.
- Litigation & law practice
Claimants hold $350k on appeal: paper lift training needed, how to keep safe from assault
Appeal court battles - intimidating even the most experienced lawyer – can gain a sense of the surreal for plaintiffs who win a contested trial, only to have an insurer turn around to have a second crack at knocking out their…
- Litigation & law practice
Mill worker’s case crushed: Rejected statutory claim shuts gate on NOCD back injury damages
The crushing this month of a Mackay sugar mill worker’s common law damages claim for an over-period-of-time back injury illustrates well the potentially fatal consequences of how statutory compensation applications are completed…
- Legal profession
Paint tinter’s limitation loss shines light on rights information censorship
The recent Supreme Court failure of a worker's limitation extension application has highlighted once again how the statutory censorship regime that applies in Queensland to lawyer statements about personal injury claims, can…
- Legal profession
“Fobbed off” swim student overcomes solicitor’s neglect to scrape home on leave to proceed win
Despite no satisfactory explanation for a 3 year delay, a 26 yr old plaintiff was this month allowed to proceed with a negligent "schoolyard supervision" claim against the Kedron high school he attended in 2000.
- Litigation & law practice
Unpaid helper wins $250k for tree-lopping fall: damages to cushion labour market risk
A volunteer tree-trimmer has held a $250,000 damages verdict after the homeowner he offered to help failed to convince an appellate court that no duty of care was owed because the assistance given was unpaid.
- Litigation & law practice
Compensation claim outside 3 years: Plaintiffs escape time bar on "Battery"; do PIPA & CLA apply?
Three patrons who allege they were assaulted by police officer Adam Reedy at the Hotel Cunnamulla in May 2005 commenced proceedings for "general, aggravated and exemplary damages" for false imprisonment, assault and battery in…
- Litigation & law practice
Rocklea motorcycle appeal: Suncorp goes down; court slots Q.C.’s domestic ignorance; gives O.T. glowing reception
In a joint judgment, three appeal judges last week admonished QC Syd Williams for a "lack of understanding about domestic tasks" over trivialising gratuitous care submissions that had found favour with the trial judge, "rather…
- Litigation & law practice
Jack-knifing trailer kills on single lane bridge: Suncorp keeps most $ but loses on costs
The Supreme Court on Friday ordered that a "stoic" plaintiff awarded $200,000 for the death of her 66-year-old workaholic husband should also recover indemnity costs after beating her earlier open offer to accept half that sum.
- Litigation & law practice
Chancer’s claim falls flat: WorkCover defeats thoroughly dodgy pretender
The spectacular collapse last month of a "deceitful" plaintiff's injury compensation claim was for once a magnificent vindication of the (usually unsubstantiated) suspicions that insurers invariably hold of workplace injury…
- Litigation & law practice
Taxi abandons drunk passenger "on road to Jericho": QBE picks up bulk of $760k tab for widow
A landmark judgment that traverses multiple aspects of the law of negligence this week delivered more than $760,000 to a Gold Coast social worker following her intoxicated partner’s dumping out of the back door of a Regent Taxi…
- Litigation & law practice
Third-in-line lawyer fails to take step: adult sexual abuse claim struck out
The plaintiff claimed her massage therapist had misrepresented his qualifications as to “counselling”, had inappropriately advised her on personal relationships and engaged in sexual behaviour & massage during a period from 1995…
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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