Event and Time
Event Description
On April 24, 2014, the plaintiff was a front-seat passenger in a vehicle driven by her husband in Brighton when their vehicle was struck on the passenger side by another vehicle. The plaintiff sustained injuries, particularly to her chest and cervical spine.
Application and Claims
The plaintiff sought leave under section 93(4)(d) of the Transport Accident Act 1986 to commence proceedings for damages attributed to her injuries sustained in the accident. The injuries included permanent impairment to her chest and associated soft tissues.
Judicial Decisions
The Court had to determine whether the plaintiff's injuries met the statutory threshold for being classified as a "serious injury" under section 93(17) of the Act. The judge found that the plaintiff had indeed suffered a compensable organic injury and granted leave for the plaintiff to pursue her common law damages claim.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Position:
- Asserted ongoing impairment from the chest injury, claiming that the fracture of the sternum and the associated soft-tissue structures had not healed properly. - Provided evidence of chronic pain significantly affecting daily activities and quality of life. - Relied on the definition of "serious injury" in section 93(17)(a) of the Act, arguing for long-term impairment.
- Defendant's Position:
- Acknowledged that the plaintiff was involved in the accident and suffered some injury but contended that the plaintiff had recovered from the sternum fracture. - Argued that the persistent pain was not organically based, instead characterizing it as a Chronic Pain Syndrome. - Focused on whether the plaintiff met the required threshold as per the Humphries v Poljak decision for "serious" injury.