The Supreme Court of Queensland has recently awarded damages in the sum of $85,466.56 to a motorbike rider who sustained injuries as a consequence of a motor vehicle accident that occurred on 22 December 2016. The plaintiff, Dr Chadi Youssef, was self-represented at trial and prepared submissions with the assistance of ChatGPT.
Background
On 22 December 2016, the first defendant exited a shopping centre carpark, driving in front of the plaintiff, who was riding a motorcycle along Hamilton Road, McDowall. Unable to avoid the collision, the plaintiff was knocked from his motorcycle. The second defendant, Allianz Australia Insurance Limited, accepted liability for the accident.
The plaintiff, through his legal representatives at the time, filed a claim in the Supreme Court of Queensland claiming damages in the sum of $1,056,459.55.
The plaintiff alleged that he sustained the following injuries as a consequence of the subject incident: –
- Head injury including post-concussive syndrome;
- Cervical spine injury;
- Facial injuries; and
- Depressive disorder.
The second defendant accepted that the plaintiff had suffered a cervical spine injury and facial injuries. However, it submitted that the evidence did not support a conclusion that that the plaintiff had suffered a post-concussive syndrome.
Also in issue was whether the plaintiff’s psychiatric condition was causally related to the subject accident, or was instead a pre-existing condition. At trial, the court heard a wide range of evidence on the issue, which included submissions in respect of stressors unrelated to the subject incident. The plaintiff’s criminal history was highlighted, which comprised eleven (11) breaches of domestic violence and release conditions, along with the Queensland College of Teachers decision in 2017 not to renew the plaintiff’s teaching registration.
Assessment of Damages
General Damages
In her judgment, her Honour Wilson J opined that the plaintiff was not, as at the date of trial, suffering from post-concussive syndrome, nor that his mental condition was causally related to the subject incident. She did, however, accept that the plaintiff had experienced an exacerbation of a pre-existing mood condition for a period following the incident.
With reference to reports of Dr Todman, Dr Dickinson, and Dr Labrom, Wilson J identified the plaintiff’s cervical spine injury as his dominant injury, adopting an ISV of 12. A further 25% uplift to an ISV of 15 was applied on the basis of the plaintiff sustaining multiple injuries in the subject accident, with general damages awarded in the sum of $25,800.00.
Economic Loss
Prior to the subject accident, the plaintiff had obtained six university degrees, included his doctorate in 2014. Two weeks prior to the subject accident, the plaintiff’s thesis had been published by the University of Wisconsin. The plaintiff’s pre-accident earnings demonstrated that he had received a modest income in the three years prior to the accident, generating a taxable income of $38,162.00 in the 2015 financial year.
It was the plaintiff’s submission at trial that, had the subject accident not occurred, he would have “been an established academic lecturer in the school of education, running a successful educational consultancy business and considering launching a registered training organisation as a CEO”. Instead, due to the subject accident and those injuries sustained in same, he had “lost seven years of work”.
Wilson J opined that, other than for a brief period immediately following the accident, the plaintiff’s cervical spine injury could not sound an allowance for economic loss. In her Honour’s opinion, there may have been some incapacity for work for a period of time following the accident referrable to the plaintiff’s psychiatric condition, but that other stressors took over soon thereafter, with any causally related incapacity evaporating after about a year. Her Honour awarded past economic loss in the sum of $40,000.00, with collateral awards for interest and loss of past superannuation contributions also being made. Her Honour noted that this global sum was a similar sum as the plaintiff’s taxable income for the 2015 financial year.
The plaintiff submitted that future economic loss ought to have properly assessed at $2,880,000.00. Wilson J found that the evidence did not support such a claim, nor any award for future economic loss. Her Honour again referred to the transient nature of any incapacity caused by the plaintiff’s cervical spine injury, along with her earlier finding that any ongoing mental health issues were not causally related to the subject accident.
Other Awards
Wilson J awarded $5,000.00 for both past special damages and future special damages.
Background of the Hamilton Road Motorcycle Collision
Wilson J made judgment for the plaintiff against the second defendant for $85,466.56. The question of costs was adjourned.
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