GRIGG v LEWIS [1994] NSWCA 116

GRIGG v LEWIS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 28 February 1994, 28 February 1994 [1994] NSWCA 116

Motor vehicle accident — general damages — economic loss — out of pocket expenses — Motor Accident Act — trial judge's rejection of plaintiff's evidence on fitness to work

Clarke JA The appellant was injured a motor vehicle accident on 7 June 1990 when the vehicle in which she was driving was sideswiped.

She saw Dr Mark Rischin, a general practitioner, about six days after the accident complaining of neck pain which commenced later on the day of the accident. There was no history of loss of consciousness or pain in the limbs or lower back. The doctor's examination on that day showed mild bruising of her left forearm, mild tenderness of the cervical vertebrae at the C3/4 and 5 levels, neck movements were full and were not restricted and there were no neurological abnormalities. A cervical spine X-ray revealed nothing untoward.

The doctor made a diagnosis of a mild flexion extension injury to the cervical spine and bruising to the left forearm. He advised the appellant to take a simple analgesic for pain in her neck muscles and to avoid any sudden movement of her cervical spine whilst there was any pain. He thought that her prognosis was excellent and that there would not be any long-term symptoms. The doctor saw the appellant on a number of occasions following this visit but on no occasion did he examine her, nor was he asked to examine her, in relation to her accident injuries. Her explanation for the fact that she continued to see him for treatment for other conditions but not the accident injuries was that he did not seem to be interested.

She was, at the time of the accident, working with the Bay Motel at South West Rocks cleaning motel rooms. She had commenced that employment in January 1989 having, some years earlier, worked as a domestic cleaner. She continued her work at the Bay Motel until January 1991 when she ceased because, as she said, she was unable to continue.