Event and Time
Event Description
On 30 July 2019, Natalie Ager was involved in her second transport accident, having previously sustained injuries in a high-speed collision in December 2013. Following the July 2019 accident, she reported significant lumbar spine injury and sought leave to issue proceedings for recovery of damages under the Transport Accident Act 1986.
Application and Claims
- Ager claims serious long-term impairment due to her lumbar spine injury from the July 2019 accident.
- Pursuing leave to commence common law proceedings, she needed to demonstrate that her pain, suffering, and loss of enjoyment of life were “at least very considerable.”
- She filed the application for leave on 23 October 2023.
Judicial Decisions
The court found that:
- Ager failed to establish that her significant back pain and inability to work as a bedside nurse could be attributed to the July 2019 accident.
- The consequences attributed to the accident did not meet the required threshold of “at least very considerable.”
- Therefore, Ager's application for leave to commence common law proceedings was dismissed.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Position (Natalie Ager):
- Claims significant chronic back pain and other symptoms directly tied to the July 2019 accident. - Argued that the consequences of her injuries impacted her ability to work as a bedside nurse. - Asserts the need for compensation owing to considerable pain and suffering.
- Defendant's Position:
- Contends that Ager’s significant symptoms were not causally linked to the July 2019 accident. - Points out that Ager's medical history showed pre-existing conditions and complaints related to the December 2013 accident. - Argued that Ager's overall condition remained stable and did not qualify for the threshold of “at least very considerable.”