Heavily Intoxicated Pedestrian Succeeds In Motor Accident ClaimWorkers Compensation Claimant Vindicated
Grandmother Rescues Child – Obtains Payout
Wife Succeeds In Property Dispute And Gets Costs
Driver Succeeds Against Police In Traffic Prosecution. NSW Police Ordered To Pay Costs.
Claimant Achieves Healthy Lump Sum Payout
In keeping with our Privacy Policy the names of our clients referred to in these news articles and some of their monetary awards have been kept confidential.
15 September 2009
Heavily Intoxicated Pedestrian Succeeds In Motor Accident Claim
On a Friday evening, Mr S attended a Leagues Club in Western Sydney after work to celebrate his university exam results. A night of heavy drinking ensued with his circle of friends.
At approximately 1.30am the next morning, Mr S left the Club alone in a highly intoxicated state. Having walked some distance from the Club and upon attempting to cross Jones St, Mr S was struck by a vehicle driven by Mr K. The accident occurred at approximately 2.03am.
Mr S sustained a closed head injury and numerous orthopaedic injuries. However, after a period of convalescence, he managed to return to full-time work in his pre-injury employment.
At approximately 2.45am Police extracted a blood sample from Mr S at the hospital. His blood alcohol level was found to be 0.266g/100ml, over 5 times the legal limit.
Satisfied that he didn’t have a case due to his intoxication, Mr S decided to consult with Parramatta City Legal to ensure that he was not foregoing any entitlements. We advised Mr S that whilst his prospects of success were not guaranteed, we would carry on his matter on a No Win No Fee basis.
A claim was commenced against the owner of the Leagues Club for the irresponsible service of alcohol and the driver of the motor vehicle that struck him.
A real problem in the case was that our client had no recollection of the incident and could not give any evidence as to the circumstances leading up to the collision. To address this, we engaged our Consultant Engineer to provide an accident reconstruction report and also obtained evidence from the Department of Meteorology to confirm that foggy conditions existed at the time of the accident.
Mr S was also concerned that the value of his claim would be modest given that he returned to full-time work anyway. However, we argued that his closed head injury blunted his motivational drive and hindered his career advancement. A claim for future wage loss was successfully prosecuted on that basis. Mr S was supported by the medical evidence we obtained from an Orthopaedic Surgeon, Neuro-Psychologist, Forensic Psychiatrist, Radiologists, Occupational Physician and Specialist in Rehabilitation Medicine.
With our experience in such claims, we appreciated that some claimants with closed head injuries actually downplay their disabilities. After some further questioning, we established that Mr S had sustained a loss of sense of smell. We referred him to our Ear Nose & Throat Specialist and obtained further supportive evidence as to his loss of smell. This bolstered Mr S’s claim for pain and suffering (general damages).
A further obstacle arose when, half way through the case, a landmark decision was delivered in the High Court of Australia. The case of Cole v South Tweed Heads Rugby Club changed the law and provided that no duty of care was owed by hotels and clubs to highly intoxicated patrons. After careful consideration, we strategically discontinued the claim against the Leagues Club without penalty and continued with the claim against the driver of the motor vehicle.
After numerous Court appearances and despite the difficulties, Mr S was awarded hundreds of thousands of dollars in damages plus legal costs. The outcome demonstrates Parramatta City Legal’s dedication to its clients, ability to think outside the square and overcome seemingly insurmountable challenges in all cases.
Back to Top ^30 July 2009
Workers Compensation Claimant Vindicated
On 12 September 2006 Ms J sustained a serious injury to her back whilst working on the production line, manufacturing paper cups under extreme time pressures.
Ms J was off work for a period of time and underwent rehabilitation treatment.
On 2 May 2007 whilst undergoing hydrotherapy treatment for her injury, Ms J sustained a further injury to her neck. When she attempted to report it to her employer she was brushed aside and told that the neck injury was not covered under workers compensation because it didn’t occur during her employment or on work premises.
Ms J was a single mother of three and was doing it tough, especially since two of her children suffered from Attention Deficit Hyperactivity Disorder. It did not help when her employer allocated her impractical work hours for her graduated return to work program from 1.00am to 5.00am, in the hope that she would just give up. Ms J did not give in and instead, decided to see Parramatta City Legal.
Upon receiving her instructions about the mistreatment at the hands of her employer, Parramatta City Legal immediately referred the matter to the WorkCover Authority for prosecution on the basis that she had been given misleading information about her entitlements and had her claim prejudiced.
Remarkably, the insurer maintained its denial of liability regarding the neck injury. Parramatta City Legal set about gathering a mountain of corroborative evidence and supportive Court of Appeal decisions in support of Ms J’s claim. Witness statements were tendered, clinical notes from treating doctors were obtained and subpoenas issued to the rehabilitation providers to support the allegation of injury.
When confronted with all the evidence and case law at the Arbitration hearing, the insurer caved in. The matter was referred to the Workers’ Compensation Commission’s independent doctor and we subsequently obtained a significant lump sum award for our client for the actual loss of use of her neck and back and pain and suffering.
The result that we achieved at the Arbitration opened the door to a further claim for damages against the employer for all Ms J’s past and future loss of earnings.
Back to Top ^27 May 2009
Grandmother Rescues Child – Obtains Payout
On 24 July 2008, Mrs P was walking with her granddaughter, C when a motor vehicle suddenly emerged from an inconspicuous driveway on a collision course with the 2 year old child, C.
Mrs P, a 58 year old grandmother, bravely threw herself in front of the vehicle to protect the young child. Mrs C saved the infant, but sustained fractures to her left ankle in the process. The young girl was still traumatised by the incident and so claims were brought by the pair against the CTP insurer of the driver alleged to be at fault.
Mrs P saw Parramatta City Legal to assume conduct of both claims.
The immediate impact was felt by Mrs P in not being able to return to work. Parramatta City Legal set about marshalling all the necessary evidence to proceed with a claim against the driver of the vehicle at fault.
An application was made for our client’s diminution in earning capacity, past loss of earnings, medical expenses, domestic home care and assistance, travel expenses and pain and suffering.
Outrageously, when the CTP insurer issued its determination on liability, it was alleged that Mrs C was guilty of contributory negligence by deliberately throwing herself in front of the vehicle. This was very much disappointing for the solicitor with conduct of the matter and steps were immediately taken to refer the matter to the District Court for determination of the issue of liability.
Mrs P in the meantime desired a quick and amicable resolution to the matter. Accordingly, we made submissions to the insurer on the issue of liability and our client’s role as a rescuer and arranged for an informal settlement conference to be convened.
Despite there being no entitlement to non-economic loss given the relatively minor nature of the injury and despite the fact that Mrs P was close to retirement (thus minimising her wage loss claim) Parramatta City Legal negotiated a compromised resolution of the matter in excess of $140,000.000. Mrs P was ecstatic with the result and is presently in the market to obtain new employment to consolidate her retirement.
The child’s claim for damages flowing from her psychological injury is continuing.
Back to Top ^28 April 2009
Wife Succeeds In Property Dispute And Gets Costs
Parramatta City Legal received instructions from Mrs A in a Family Law property dispute against Mr A.
In the course of pre-trial negotiations it became apparent that the husband and his Solicitors adopted an unrealistic view of the case. Parramatta City Legal identified this as a weakness in the husband’s approach to proceedings.
We provided Mrs A with sound and realistic advice as to the likely verdict that would be reached at trial. Given the husband’s uncompromising attitude, we advised our client to advance a formal offer of settlement to the husband early in proceedings. It was advice which she wisely accepted.
The offer of settlement was rejected by the husband even though it represented a reasonable compromise on the facts of the case.
The matter proceeded to a two-day hearing before the Federal Magistrate. Following upon the hearing, Her Honour handed down a decision which was more favourable to our client than the offer she advanced to the husband on our advice. As a result, we applied to the Court for an order that the Husband pay our client’s legal costs from the date of our offer to the date of the hearing on the basis that he was unreasonable and should have accepted the offer. The Court granted the order in keeping with the judicial system’s policy of encouraging settlement negotiations in good faith and penalising those that spitefully increase costs by being overly combative and dogmatic.
We also achieved a successful result for Mrs A in the subsequent proceedings relating to parenting orders for the children. Another very satisfied client.
Back to Top ^15 March 2009
Driver Succeeds Against Police In Traffic Prosecution. NSW Police Ordered To Pay Costs.
Mr K was traveling along Hilltop Road in accordance with the applicable speed limit of 50km/hr. Without warning, Mr K’s vehicle suddenly veered to the left and collided with another vehicle on the road.
Mr K was adamant that it was a mechanical defect which led to the accident rather than his own negligent conduct. Mr K’s steering wheel violently turned to the left. He tried to correct the steering, but the mechanical failure overpowered his manual efforts to straighten the vehicle. There was no other conceivable explanation for the collision.
Mr K was interviewed by Police about the incident at his residence. However, Mr K’s English was very poor. The officer in charge of the investigation directed a family member to assist with the interview by translating. The family member was not a duly qualified interpreter. As a result, Mr K’s assertion that a mechanical defect caused the accident was lost in translation and did not appear in the Police Officer’s notebook.
After the Police interview Mr K did not hear from the Police for a significant period of time and reasonably presumed that no further action would be taken. Accordingly, he made arrangements to dispose of the vehicle.
Approximately 5 months after the subject incident, Police charged Mr K with Negligent Driving Occasioning Grievous Bodily Harm. That is when Mr K decided to obtain advice from Parramatta City Legal.
In preparing the case it became evident that an expert mechanical engineer’s report would be necessary to substantiate our client’s mechanical defect defence. Unfortunately though, by that time, the vehicle had been disposed of and there was no way of substantiating the defence. A different tact had to be taken by Parramatta City Legal. Attention was then focused on the improper technique adopted by Police in interviewing Mr K. We found that the method was in breach of the NSW Police Investigations Code of Conduct. According to the Code, all interviews with non-English speaking witnesses must be carried out with the assistance of a duly qualified interpreter.
It was argued that because Mr K’s relative was not qualified, an inaccurate statement was recorded by the investigating officer which eventually formed the basis for the charge being laid against Mr K. It was also submitted on Mr K’s behalf that because it took so long for the Police to press charges, Mr K lost the opportunity of having his vehicle inspected by an appropriate mechanic to provide expert evidence on the alleged defect. On those bases, representations were made to the Court to have the charge dismissed. The Court agreed and Mr K was free of all charges laid against him in connection with the incident.
In the circumstances Parramatta City Legal formed the view that it was unfair that Mr K should have to bear the costs of his defence and so an application was made for the Police to pay his legal costs. It was submitted that the investigation was poisoned from the start as a result of the Police Officer’s improper investigative methods. The charges should never have been laid against Mr K. The Court agreed and awarded Mr K all his legal costs on the basis that the investigation was conducted in an improper manner pursuant to section 214(1)(a) of the Criminal Procedure Act.
The case demonstrates Parramatta City Legal’s ability to think laterally and never give up a client’s case even in the face of seemingly impossible odds.
Back to Top ^19 December 2008
Claimant Achieves Healthy Lump Sum Payout
Ms P was a patron at a Western Sydney hotel. As she made her way to the toilet facilities a door within the premises collapsed and came crashing down upon her. Ms P sustained injuries to the lumbar spine, coccyx and legs.
Ms P immediately made arrangements to see a Solicitor at Parramatta City Legal. The immediate problem Ms P faced was that the owner of the hotel did not make any admissions about liability and would not agree to meet the cost of any treatment expenses. Accordingly, we arranged for Ms P to see one of our panel physiotherapists who provided the treatment on the basis that the fees would be payable at the conclusion of the matter.
We recognized the imperative issues on liability and urgently put the hotel on notice that the door and the hinges would need to be preserved so that forensic analysis could be carried out for the purposes of our client’s claim. The request was made under threat of Supreme Court action for any non-compliance. The hotel owner complied with our request.
A view of the hotel premises was subsequently arranged and our expert commissioned to prepare and furnish a report relating to the circumstances of the accident.
Ms P was desirous of a quick and easy settlement given that she had plans to relocate. Determined to meed our client’s needs we arranged for the urgent collation of all necessary medical and expert evidnce and invited the public liability insurer to engage in an informal settlement conference.
We managed to resolve our client’s claim for a handsome lump sum without having to commence any court action. Ms P’s legal costs were fully paid from the settlement and she was able to secure her future by buying a residential property upon relocating.
The case once again demonstrates Parramatta City Legal’s commitment to serving its clients needs.
Back to Top ^