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No award for economic loss

23 October 2013

TURNER v BLAIR & ANOR [2013] QDC 256

On 16 October 2013, Koppenol DCJ got straight to the point in delivering a 4 page Judgment after the two day trial concluded on the previous day. 

The Plaintiff suffered a whiplash injury in a motor vehicle accident. 

The Judge described the Plaintiff as "a most impressive witness and I have no hesitation in accepting her evidence."

Notwithstanding the Plaintiff's credit, the Judge did not award any damages for past or future economic loss despite the Plaintiff contending $50,000.00 for past economic loss and $68,722.50 for future economic loss (with associated interest and superannuation).

The reason for the lack of an award for economic loss is quite clear at paragraphs 18 and 19 of the Judgment:

"The position is therefore that Ms Turner was not in employment for about 5 years before the motor vehicle accident, despite actively seeking work.  She has not worked since.  No job offers were made to her and even if one had been, she would not have accepted it because of her concerns for her sister.  Although her sister may not now be problematic in that regard, there was no evidence that there were any possible jobs now available to Ms Turner, who turned 63 years of age in 3 months time.

In all of the circumstances, I am not satisfied that Ms Turner has suffered or will suffer any loss of earnings as a result of the motor vehicle accident.  I regard the probability or indeed chance of her returning to work as so low as to be regarded as speculative ... ".

For more information contact:

Cameron Seymour | Partner
Mullins Lawyers
t +61 7 3224 0360
f +61 7 3224 0333
cseymour@mullinslaw.com.au

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