Ruvuta v Jaderberg & Anor [2024] QDC 107
A Rwandan refugee has been awarded a CTP payout of $124k for injuries suffered when he was struck by a four-wheel drive while riding his bicycle across a pedestrian crossing.
CTP Payout for Knee, Right Side and Hip Injuries
The CTP payout to the Plaintiff for his knee, right side and hip injuries allowed by the District Court of Queensland in this case was as follows:
| Damages | Payout |
|---|---|
| General damages | $11,600.00 |
| Past economic loss | $16,590.00 |
| Past loss of superannuation | $1,659.00 |
| Future economic loss | $75,000.00 |
| Future loss of superannuation | $8,250.00 |
| Past special damages & interest | $10,857.89 |
| Future special damages | $500.00 |
| Total | $124,456.89 |
Facts
Mouse Ruvuta (the Plaintiff) was a Rwandan refugee who arrived in Australia on 14 February 2019 and spoke limited English. On 10 October 2019, at approximately 9:20am, he was riding his bicycle on a marked pedestrian crossing in Cairns when he was struck from the left by the first defendant’s turning four-wheel-drive travelling at approximately 20-30km/hr. The force of the impact pushed the Plaintiff two (2) to three (3) metres before he was thrown to the ground on his bike, landing heavily on his right side. He moved to the roadside to escape further perceived danger, and was taken to Cairns Hospital by ambulance.
The Plaintiff’s dominant injury resulting from the collision was a right meniscal tear which was surgically repaired on 13 September 2021. He also sustained minor gravel rash and abrasion injuries to his right side, involving his hip, wrist, elbow and ankle which subsequently resolved.
Liability for the accident was not in dispute. However, the Defendants contested the cause of the Plaintiff’s injuries, as well as the consequential loss and damage suffered.
Subsequent soccer injury an intervening act?
RACQ (the First Defendant’s compulsory third party insurer) argued that the Plaintiff’s right meniscal tear injury was not the result of the car accident on 10 October 2019 but was rather sustained on the soccer field on 17 January 2020.
Despite persistent right knee pain, the Plaintiff’s desire to return to social soccer led him to participate in a game on 17 January 2020. After only ten (10) to fifteen (15) minutes of running however, his knee pain worsened, prompting him to leave the field and go home. The Court accepted that the Plaintiff did not attempt to strike the ball, twist his right knee or fall to the ground at any point during the game.
RACQ relied on the fact that it was not until after the soccer game that the Plaintiff was subject to MRI investigations which evidenced a right meniscal tear injury. Nevertheless, the Plaintiff maintained he was injured principally in the car accident on 10 October 2019 and had endured significant right knee pain afterwards which pre-dated the soccer game.
His Honour Judge Dean Morzone KC preferred the opinion of Orthopaedic Surgeon, Dr Nicoll, finding that the Plaintiff suffered a right knee injury as a result of the car accident which was subsequently aggravated by the Plaintiff’s aborted attempt to play social soccer. The Court noted that the Plaintiff’s right knee symptoms were likely understated and did not warrant further radiological investigation upon initial hospital presentation due to his limited English proficiency and distressed post-accident state.
Quantum
The Plaintiff was injured at 21 years of age and was 26 at the time of the proceedings. His first language was Kinyarwanda, and he was studying English at TAFE at the time of the accident. He possessed the equivalent of a Grade 11 education and previously worked in carpentry/labouring before moving to Australia.
Furthering his career in construction, the Plaintiff attained numerous qualifications in 2020 upon arrival in Australia, including a Certificate I in Construction Traineeship. Despite multiple attempts to re-enter the construction industry following the accident, the Plaintiff was unable to do so due to his persistent knee pain and the functional limitations this pain attracted. Instead, the Plaintiff was working as a casual Youth Work and Disability Support Worker at the time of trial and expressed an intention to continue in that role into the foreseeable future. His Honour acknowledged that the Plaintiff had demonstrated a strong work ethic and drive to continue his vocational education and training in carpentry despite his injury.
The Court accepted that the Plaintiff suffered a four (4) per cent whole person impairment as a result of the car accident, predominantly related to his right knee injury.
Despite undergoing surgery, Orthopaedic Surgeon, Dr Nicoll considered the Plaintiff would be unable to return to his previous role as a construction labourer without restriction and would face ongoing difficulty in any role involving repetitive bending, twisting or flexing of the right knee under heavy loading. No other evidence was led as to the Plaintiff’s work capacity either before or after his surgery. Relying on the opinion of Dr Nicoll, the Plaintiff argued that, but for the accident, he would likely have pursued higher-paying opportunities in construction and advanced in his desired trade, potentially earning ten (10) to twenty (20) per cent more than his pre accident rate. The Court agreed that the Plaintiff would be unable to engage in full-time construction work in the future, accepting he would instead be limited to casual pay and hours in the youth and disability sector.
His Honour found the Plaintiff to have a net ongoing loss of $114.00 per week, taking into account his residual earning capacity and his probable earning capacity as a carpenter but for the accident. His Honour suggested a realistic retirement age for the Plaintiff was 67 years.
In assessing special damages, the Court accepted that the Plaintiff incurred substantial out-of-pocket medical expenses that significantly exceeded RACQ’s assessment of $1,000 to $2,000. These expenses primarily related to the Plaintiff’s knee surgery and subsequent rehabilitation.
His Honour also awarded a nominal sum for anticipated future medical expenses, including over-the-counter pain relief and anti-inflammatories, even though the Plaintiff was no longer using this medication at the time of the proceedings.
Total CTP Payout for Knee, Right Side and Hip Injuries
The Plaintiff’s CTP payout for his injuries was assessed at $124,456.89 plus interest on the amount for past economic loss. The Court also ordered the Defendants to pay the Plaintiff’s costs.
Read the decision of Ruvuta v Jaderberg & Anor [2024] QDC 107 here. For advice relating to a compensation claim, contact Denning Insurance Law.
