MILLER v TURNER [1995] NSWCA 296

MILLER v TURNER SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY and POWELL JJA 17 March 1995, 17 March 1995

[1995] NSWCA 296

Damages — Personal injuries — General damages — Future economic loss — Inadequacy

Powell JA The Appellant, Mrs Miller, who was the Plaintiff in the proceedings at first instance, has appealed to this Court from a verdict found, and judgment entered, in her favour by McLachlan DCJ in the District Court on 15 September 1994.

In the proceedings which led to that verdict and judgment, Mrs Miller had sought to recover damages in respect of injuries, and the sequelae thereof, which she had suffered in a motor accident in which she was involved on 7 November 1992, when a motor vehicle in which she was a passenger with her young daughter, and which was being driven by her husband, was struck from behind, forced into collision with another motor vehicle and then forced into further collision with the Fire Station on the hill approaching Pymble railway station.

As a result of the collision, Mrs Miller was taken to the Hornsby Kuring-gai Hospital where she was held for observation for a time prior to her being discharged to home in the company of her husband. At the time, there appeared to have been few overt signs of injury, and the Hospital records do not record more than a few complaints of tenderness in areas near the neck. The notation of whoever it was who conducted the examination was recorded as "non-significant soft tissue injuries".

Mrs Miller consulted her local medical practitioner, Dr Korner, on the following Monday morning, 9 November 1992. At the time, she complained of soreness and pain and generally being uncomfortable. Dr Korner's observations were that there was tenderness over the left shoulder posteriorly; there was restricted rotation of the head to the left, with a restricted lateral flexion of the neck; her low back was tender over the sacroiliac joint; there was pain on flexion of the lower back; and there were bruises in the area of the left breast and right shin. A certificate enabling Mrs Miller to absent herself from work for a short period was provided.