DAVIS v GIO; DAVIS v GIO [1995] NSWCA 118

DAVIS v GIO; DAVIS v GIO SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER and COLE JJA 23 March 1995

[1995] NSWCA 118

Damages — no question of principle.

Cole JA Before the court are two appeals, one by Monica Margaret Davis and the other by Catherine Marie Davis. Both appeals are brought against the Government Insurance Office of New South Wales, that being the body responsible for the negligence of the driver of a vehicle which, on 21 June 1987, drove into the back of the vehicle being driven by Monica Davis. The collision was apparently significant, as the evidence discloses that the back of the vehicle being driven by Monica Davis was significantly stoved in.

The two appellants brought actions for damages for the injury which they suffered in that collision.

I shall deal, firstly, with the appeal of Monica Margaret Davis. The trial dealing with her claim was heard before Judge Downs on 29 July 1991. His Honour awarded her, by way of general damages, $2,000 and awarded past out-of-pocket expenses of $88. There was thus a verdict in her favour for $2,088.

Damages are, of course, awarded as compensation for injury or loss suffered in consequence of being involved in a motor vehicle accident, not simply because one is involved in a motor vehicle accident. Accordingly it was necessary for the trial judge to determine the extent of any injuries or loss suffered by Monica Davis.

After the accident she was taken by ambulance to Auburn District Hospital.

She complained of pain in both thighs. On examination it was found that she had a full range of movement, that she had suffered no fracture and she was diagnosed as having muscle strain. She was allowed to go home.

The following day, 22 June, she consulted Dr Chan complaining of pain in the region of her throat and neck such that she had some difficulty in swallowing. She also complained of pain in her thighs and that her cervical spine was tender. The doctor could find no neurological signs of injury. He had an x-ray of her cervical spine performed and the x-ray report showed that there was no evidence of injury to the bones, joints or the ligaments of the cervical spine. His conclusion was that she had suffered a soft tissue injury in the region of the neck. She was advised to wear a neck collar for a short time and to take some analgesics.