Seiffert v Chadwick and TAC [2021] QDC 8
Material Facts
Mr Seiffert was injured in a Motor Vehicle Accident in which the Defendant drove his vehicle into the rear of Mr Seiffert’s stationary vehicle. Liability was not in issue. Though there was some contention by the defendants that there was no injury, or that the injury was “minor and transitory and long since resolved”, the court accepted that Mr Seiffer suffered a cervical spine and left shoulder injury.
Quantum Findings
General Damages
It was uncontentious that the Mr Seiffert’s dominant injury was that of an Item 88, moderate cervical spine injury – soft tissue injury (ISV 5 to 10) pursuant to the Civil Liability Regulation 2014 (Qld). The plaintiff contended that an ISV 10 was appropriate, whereas the defendant submitted that an ISV of 6 would be more fitting. The plaintiff’s injury had been assessed as creating a whole person impairment of 7% and the court considered an ISV of 9 to be appropriate measure, resulting in a general damages award of $14,040.00.
Past Economic Loss
Before the accident, Mr Seiffert had moved from ‘fly-in-fly-out’ (‘FIFO’) roles to a role with Multiplex which required less travel, but which paid a lower salary. Following the accident, due to the injuries and the difficulties they caused for him in his Multiplex role, Mr Seiffer changed roles again, taking on a role as a union representative (again taking a salary reduction for this role).
In assessing past economic loss, the court considered the most appropriate measure was the difference between the Multiplex income and the union representative income (and considering the benefit of a fully maintained vehicle in the union job which the parties agreed was equivalent to $150/week). The court considered it inappropriate use the FIFO income in the calculations as the decision to leave this type of role was made before the accident.
The court awarded $77,348.00 for past economic loss. Interest was allowed at 0.21% for 1,110 days giving $493.97. Superannuation was allowed at the usual 9.5% giving $7,348.00.
Future Economic Loss
The parties agreed that a discount of 15% for vicissitudes was appropriate on any award for future economic loss. The court calculated future economic loss based on the difference between the Multiplex and union representative roles over 30 years (on the 5% tables) to a retirement age of 67 reduced by the 15% discount. The court allowed rounding on this figure to come to $309,300.00.
Loss of superannuation of $36,343 was awarded, being at 11.75% of future economic loss.
Special Damages
It was uncontentious that $873.45 was due as a refund to Medicare and $556.20 was due as a refund to NIB.
As to out-of-pocket expenses, the court allowed the following amounts totaling $2,814.80:
$1,200.00 for therapeutic massage;
$430.80 for the gap fees for Physiotherapy;
$65.00 for a contoured pillow;
$952 for pharmaceutical expenses; and
$167.00 for travelling expenses.
The court did not allow a $2,500 claim for a support mattress, stating that no sufficient causative link was drawn between the injuries and the purchase of the mattress for that value.
Interest of $22.88 was allowed (0.21% over 1,411 days).
For the future, the parties both acknowledged there was an agreed amount for special damages, however, there was disagreement as to what the amount was. The plaintiff said this was $7,500.00 and the defendants said this was $5,000.00. The court accepted the $7,500.00 amount as it had been mentioned in trial without objection from the defendant.
Total Damages
In total, the plaintiff was awarded $456,640.30 in damages.