Huseyin v Qantas Airways Ltd & Anor [2010] NSWSC 372

Huseyin v Qantas Airways Ltd & Anor [2010] NSWSC 372

The Court held that the plaintiff established on the balance of probabilities that the defendant's admitted negligence materially contributed to the fibromyalgia from which he suffered. The Court accepted the diagnoses of fibromyalgia by Dr Bertouch and Dr Dryson, found that the early symptoms appeared and developed over days to weeks after the incident and continued consistently despite some variation, and rejected the defendant's contention that the claim was explained by malingering, conscious exaggeration, a mere short-term soft tissue injury, stress as an independent cause, or other non-traumatic causes. Damages were assessed under the Civil Liability Act 2002, including 45 per cent...

Jurisdiction
Australia
Judgment Date
30 April 2010
Procedural Posture
Torts Negligence Personal Injury Damages / Principal Judgment After Liability Admitted, With Causation and Quantum for Determination
Outcome
Judgment for the plaintiff against the second defendant in the amount of $2,268,137.86; second defendant to pay the plaintiff's costs as assessed or agreed.
Legal Topics
['causation' 'fibromyalgia' 'chronic Pain Disorder' 'non Economic Loss' 'past Economic Loss' 'future Economic Loss' 'gratuitous Attendant Care' 'expert Evidence']
['torts' 'negligence' 'personal Injury' 'damages'] ['causation' 'fibromyalgia' 'chronic Pain Disorder' 'non Economic Loss' 'past Economic Loss' 'future Economic Loss' 'gratuitous Attendant Care' 'expert Evidence']

Case Brief

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Procedural Posture

Torts Negligence Personal Injury Damages / Principal Judgment After Liability Admitted, With Causation and Quantum for Determination

Legal Issues

  1. 1 ['Whether the plaintiff established that fibromyalgia, or another disabling chronic pain condition, was caused or materially contributed to by the roller shutter door striking him on the head.' "Whether the plaintiff's disabilities were instead limited to a soft tissue concussive type injury for a closed period, or attributable to abnormal illness behaviour, exaggeration, malingering, psychosomatic factors, or an unknown cause." 'Whether the plaintiff established an alternative case based on axial compression injury or lumbar disc injury.' 'What damages should be awarded for non-economic loss, past economic loss, future economic loss, superannuation, attendant care, treatment, equipment, and out of pocket expenses.']

Ratio Decidendi

The Court held that the plaintiff established on the balance of probabilities that the defendant's admitted negligence materially contributed to the fibromyalgia from which he suffered. The Court accepted the diagnoses of fibromyalgia by Dr Bertouch and Dr Dryson, found that the early symptoms appeared and developed over days to weeks after the incident and continued consistently despite some variation, and rejected the defendant's contention that the claim was explained by malingering, conscious exaggeration, a mere short-term soft tissue injury, stress as an independent cause, or other non-traumatic causes. Damages were assessed under the Civil Liability Act 2002, including 45 per cent...

Court Disposition

Judgment for the plaintiff against the second defendant in the amount of $2,268,137.86; second defendant to pay the plaintiff's costs as assessed or agreed.

Orders

  • ['Judgment in favour of the plaintiff in the amount of $2,268,137.86.' "The second defendant to pay the plaintiff's costs as assessed or agreed."]