Patrick Robert Bodegraven v Kerri Maree Cox [1991] ACTSC 16 (7 March 1991)

SUPREME COURT OF THE ACT

PATRICK ROBERT BODEGRAVEN v. KERRI MAREE COX
S.C. No. 1410 of 1988
Damages

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Master Hogan(1)

CATCHWORDS

Damages - Personal Injury - motor Vehicle Accident - Cervical Spine - Soft Tissue Injury - No Issue of Principle

HEARING

CANBERRA
7:3:1991

Counsel for the Plaintiff: Mr Stretton

Solicitors for the Plaintiff: Macphillamy Cummins and Gibson

Counsel for the Defendant: Mr Crittle

Solicitors for the Defendant: Crossin Power Haslem

ORDER

Judgment be entered for the Plaintiff in the sum of $20,631.74.

DECISION

This is the assessment of damages for personal injuries sustained by the plaintiff in a motor vehicle accident on 6 June 1988.

2. The plaintiff was born in 1969. At the time of the accident he was studying first year economics at the Australian National University. He was in good health.

3. On 6 June 1988 he was driving in Novar Street, Yarralumla. He was slowing down to turn into the driveway of his home. He was wearing a seat belt. A car driven by the defendant collided with the rear of his vehicle.

4. The impact broke the mountings on his seat, and he lost control. The defendant's vehicle again collided with the rear of his car, which he eventually managed to stop. He did not lose consciousness. He went by taxi to Woden Valley Hospital. He was complaining of pain in the neck and upper back. His cervical spine was X-rayed. There was no evidence of bony injury. He was given analgesics and a soft collar brace and allowed to go home.

5. After a day at home he returned to his studies. He suffered from headaches, found it difficult to concentrate, and the constant neck and back pain made it hard to sit through lectures and tutorials.

6. On 5 July 1988 he consulted his general practitioner, Dr Richards. On examination Dr Richards found tenderness over C5, C6 and C7, and over the trapezius muscles. He had a full range of movement. Dr Richards referred him for physiotherapy.

7. He had about ten treatments from the physiotherapist, which did not give much relief. He also tries a few sessions of acupuncture and osteopathic treatment, with much the same result.

8. Although his later academic record shows 5 credits and a distinction, he failed one subject in his exams.

9. In January 1989 he consulted Dr Richards again. He was still getting headaches, and demonstrated tenderness over the cervical spine.

10. Dr Richards referred him to Dr Andrews, who saw him on 9 February 1989. Dr Andrews found little abnormal, clinically. He diagnosed soft tissue injury which he expected to settle eventually, and which he did not think any treatment would alleviate.

11. He passed the rest of his examinations successfully. By January 1991 he had seen Dr Richards on five occasions since January 1989, none of which were for headaches or neck pain. His present condition is that there has been gradual improvement, there is some constant discomfort and occasional headache.

12. Dr Andrews saw him again in January 1991, when his opinion was that the problem was basically one of soft tissue injury which has been slow to resolve. The symptoms now are minor. There should be further slow improvement. Activities are not restricted.

13. For his pain and suffering I award $18,000.00. I award interest on the whole of that sum at 4%, which amounts to $1,976.54. The out-of-pocket expenses are agreed at $655.20.

14. The total award is made up as follows:
Pain and suffering $18,000.00

Interest $ 1,976.54
out-of-pocket expenses $ 655.20
Total $20,631.74

I direct the entry of judgment for the plaintiff in the sum of $20,631.74.