Shane Brereton v Alma Frances Pollard [1991] ACTSC 17 (7 March 1991)

SUPREME COURT OF THE ACT

SHANE BRERETON v. ALMA FRANCES POLLARD
S.C. No. 242 of 1988
Damages

COURT

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

CATCHWORDS

Damages - Personal Injury - Motor Vehicle Accident - Fractured left Wrist - Whiplash - Miscellaneous bruises - No Issue of Principle

HEARING

CANBERRA
7:3:1991

Counsel for the Plaintiff: Mr Tsirimokos

Solicitors for the Plaintiff: Vandenberg Reid Pappas and MacDonald

Counsel for the Defendant: Mr Crittle

Solicitors for the Defendant: Crossin Power Haslem

ORDER

Judgment be entered for the Plaintiff in the sum of $25,187.69.

DECISION

This is the assessment of damages for personal injuries sustained by the plaintiff in a motor vehicle accident on 14 November 1987.

2. The plaintiff is a student undertaking a course for the diploma of Mechanical Engineering at Bruce TAFE. He was born on 23 September 1966, being 21 at the time of the accident, and 24 now.

3. In 1985 he was working as a cleaner for Tip Top Bakeries, and in a motor vehicle accident sustained injuries to his right hip, right elbow, ribs, stomach and chest. Over the course of the next year he recovered fully from those injuries.

4. In 1987 he was working as a car detailer, an occupation which required fairly constant physical activity. He was fit, and enjoyed indoor cricket and motor cycle riding.

5. On 14 November 1987 he was riding a motor cycle on Antill Street when a motor car pulled out in front of him from a driveway on his left.

6. He collided with the car, and was thrown across it. He lost consciousness for a short time. He came to on the road. He was in pain. He had difficulty standing up, and was dizzy. He had a headache, pain in his neck, left arm and left leg and foot.

7. He was taken by ambulance to Royal Canberra Hospital, where his wrist was X-rayed and he was kept for observation for some hours. He was taken home by his sister with a light bandage over his arm.

8. Two days later he returned to the hospital, where his arm was placed in plaster.

9. On 18 November he consulted his general practitioner, Dr Shroot, who certified that he was unfit for work until 4 January 1988.

10. The plaster was removed in late December. He saw Dr Shroot on 8 January 1988. His wrist was tender and his left elbow sore. Dr Shroot referred him to a physiotherapist.

11. He returned to work at about this time. At work he was unable to do his work properly and was put on light duties for a time. His left arm and left leg were still sore, he was still getting headaches, and neck pains persisted, though less frequently than before.

12. At the end of March 1988 Dr Shroot observed that the X-ray showed a healed fracture at the head of the left radius. His general condition had improved.

13. Dr Keiller and Dr Mann also saw him in early 1988. There was pain in the region of the left elbow, and clicking sometimes on straightening it. Movement was full. The wrist was tender, but improving. His neck was symptom free. All other areas had fully recovered.

14. The plaintiff stayed at work as a car detailer until April 1989. He never recovered his full efficiency in that job, and was sometimes allowed home by his employer because of discomfort.

15. His employment finished because the business was sold, and his father died soon afterwards, so that he was unemployed until January 1990. He then obtained work as a ceiling fixer, and was able to cope with the work involved. He is now a student.

16. In September 1990 he saw Dr Keiller and Dr Mann again. The neck, elbow and wrist showed no abnormal physical signs, though he complains that he can not fully engage in sporting activity, and still suffers occasional headaches and pain in the wrist and elbow. Dr Keiller thought he was fully fit for all forms of employment or sport. Dr Mann assessed a residual disability in the left arm of 10%.

17. For his pain and suffering I award the sum of $20,000.00. I award interest on the whole of that sum at 4%, which amounts to $2,643.29. The out-of-pocket expenses are agreed at $1,003.60.

18. The loss of wages is agreed at $1,540.80.

19. The total award is therefore made up as follows:
Pain and suffering $20,000.00

Interest $ 2,643.29
out-of-pocket expenses $ 1,003.60
Loss of wages $ 1,540.80
$25,187.69

I direct the entry of judgment for the plaintiff in the sum of $25,187.69.