Pedestrian seriously injured after hit from motor vehicle

In the case of Winters v Bishop & Anor [2014] QSC 312, a thirty-eight year old Ms Winters claims compensation for personal injuries arising out of a motor vehicle accident which occurred on 31 October 2007.

Ms Winters, the plaintiff in the case, was struck and knocked to the ground by a motor vehicle while she was walking across a pedestrian crossing at the Brisbane Airport where she worked. The first defendant was the driver of the vehicle and the second defendant is the third party insurer of the vehicle.

Ms Winters was born on 14 August 1980 and is now 34 years of age. She suffered significant brain injuries that have left her with extensive scarring involving both frontal lobes and temporal lobes. Since the accident, she suffers from a personality change which is a direct physiological consequence of the head injury she sustained.

Ms Winters claims future economic loss on three bases; impairment of the plaintiff’s residual earning capacity, loss of opportunity to follow intended career path and loss of opportunity to achieve at the highest echelon of her profession.  She also claims loss of future superannuation benefits, domestic care and assistance and future medical treatment and care.

The matter was appealed to the Supreme Court, Brisbane on 2 December 2014 where Her Honour Philippides ordered judgement for the plaintiff in the sum of $1,335,870.26.