Event and Time
Event Description
- Date: 26 November 2015
- Incident: The plaintiff, a 27-year-old passenger in a car driven by Kaleb Johnson, was involved in a transport accident where the driver lost control, resulting in a high-impact collision with trees.
- Injuries: The plaintiff sustained a head laceration, an AC joint separation in the left shoulder, and a left wrist laceration requiring ligament reconstruction surgery.
Application and Claims
- The plaintiff seeks leave under s93(17) of the Transport Accident Act 1986 to commence proceedings for common law damages.
- The claim is based on the assertion of a "serious injury" affecting the plaintiff’s left shoulder as defined in the Act.
Judicial Decisions
- The court assesses whether the plaintiff has sustained a serious long-term impairment or loss of function objectively.
- The court reviews affidavits from the plaintiff and his mother, alongside medical reports and evidence that were tendered during the proceedings.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Claims:
- The plaintiff argued that his left shoulder injury resulted in significant impairment affecting his work capabilities, daily activities, and quality of life. - Presented evidence including personal affidavits and medical reports emphasizing ongoing pain and restrictions.
- Defendant’s Arguments:
- The defendant challenged the credibility of the plaintiff, asserting that the consequences of the injury did not meet the "very considerable" threshold required by the legislation. - Questioned the plaintiff’s claim of ongoing pain and inability to perform activities, focusing on the limited medical evidence and the absence of ongoing treatment.