O’Connor v. McGregor [2015] WADC 30In O’Connor, the Plaintiff was a pedestrian who was hit at night by a school bus while walking in the same direction as the bus. Other relevant facts include:- The Plaintiff had been at a wedding and was walking along Leeman Road at about 1:25am; That he had a blood alcohol reading at the time of his death of ...

Ali v. Auguste & Anor [2014] QDC 272This was a claim involving nervous shock. The Plaintiff was 12 years old at the time of the accident and was walking with her cousin on the footpath when the First Defendant mounted the footpath striking the Plaintiff’s cousin causing her to be propelled forward some distance before finally hitting the ground. As a ...

Kigetzis v. Roche [2014] VSC 657In this case, the Plaintiff was a pedestrian crossing at a traffic light controlled intersection when he was struck by a vehicle driven by the Defendant. The Plaintiff sustained severe injuries as a result. Liability was strongly contested with the Defendant alleging the Plaintiff walked across the intersection against a red ...

Davis v. Swift [2014] NSWCA 458On 20 March 2009 the appellant pedestrian was injured when a motor vehicle driven by the Respondent ran over her right foot after the appellant attempted to cross Vincent Street in Cessnock.At the relevant time each curb side lane was occupied by parked vehicles. The Respondent’s vehicle was parked on the eastern side of ...

Tinworth v Haydon & Insurance Australia Limited [2014] QCA 183On 10 January 2011, during an extended period of heavy rain and flooding, Mr Tinworth had been driving his utility on the Cunningham Highway when he hit a patch of water across the road. He braked, but lost control of his vehicle, which aquaplaned into a ditch on the left hand side of the road. ...

Nominal Defendant v Bacon [2014] NSWCA 275Ms Bacon’s car collided with an unregistered truck as both were travelling in opposite directions on an unsealed country road in dusty conditions. The District Court found the Nominal Defendant liable for damages but reduced them by 50% for contributory negligence. The Nominal Defendant appealed the finding that the ...

Noakes v Beveridge [2014] ACTSC 177Although an ACT decision, this case relates to similar provisions in the MAIA.The Plaintiff served a certificate of readiness on 16 October 2013, with the conference held on 23 October 2013. The certificate was signed by the Plaintiff’s solicitor and certified that all medical and other expert reports had been ...

Section 51 of the MAIA outlines an insurer’s statutory obligation to provide rehabilitation to injured claimants. It only arises when liability is admitted but the insurer can offer to provide rehabilitation without making an admission of liability. Such an offer is not deemed to be an admission of liability—s.51(2). If liability is admitted, and the ...