Dad gets huge payout after Bruce Hwy crash
A TOWNSVILLE meatworker will get $593,441 in compensation after a crash on the Bruce Hwy left with him with lasting injuries.
Christian Wayne Rook was injured in a motor vehicle accident on August 4, 2013.
The matter was heard in the Townsville District Court on September 12.
Mr Rook was seeking money from QBE Insurers after the accident, which he said caused him physical and psychological injuries.
The court documents said Mr Rook had his two children in the back of the car with him when he came to an obstruction on the highway, causing him to brake abruptly.
"When he did so his daughter screamed, causing him to turn his head and body around to the left so as to see her, as he thought from her scream that she had been hurt," the judgement said.
"His car was then struck from behind, evidently with some force, by a motorcycle ridden by the first defendant (Ivan Russell Crofts).
"The plaintiff alleges that as a result of the accident he suffered injuries, both physical and psychological, and claims damages in respect of those injuries."
The documents said Mr Rook felt pain in his neck immediately after the crash. He went to the doctor the next morning in Ingham.
"The plaintiff said that since the accident he has suffered ongoing pain in his neck and between his shoulder blades," it said.
The court documents said Mr Rook, who currently works at the meatworks at Townsville, had a series of jobs since the accident. Some of these he said he had to leave because of the pain.
After evidence from a series of witnesses including doctors, Judge Douglas McGill said he found Mr Rook had suffered an injury to his neck and upper back, a soft tissue injury to the neck and an injury to a disc in the thoracic spine.
"The complicating feature here is that the plaintiff's main problem is pain," he said in his judgment.
"It is not so much that he is physically incapable of certain bodily movements, but rather that certain activities stir up his pain level, which naturally makes him resistant to those activities.
"If they are activities he has to persist with, for example because they are part of a job he wants to keep, he can and does persist with them as best he can, but is left with more pain afterwards, which diminishes his capacity to do other things, such as taking care of himself. "All this is quite plausible, and is consistent with psychiatric problems, particularly stirring up pre-existing depression, something likely to diminish his capacity to cope."
Judge McGill said his position was as Mr Rook aged his earning capacity would progressively be lost.