Woman sues driver for $23m after horror ute crash
A YEPPOON woman who suffered horrific injuries when a ute she was travelling in crashed is suing the driver and his insurer for more than $23m.
The Morning Bulletin understands this is one of the largest claims lodged with the Supreme Court at Rockhampton in recent years, which is reflective of the level of injuries the woman suffered.
The woman spent more than one year hospitalised in Brisbane with spinal injuries and has suffered permanent impairment of the whole person quantified at 100%, a claim lodged on her behalf says.
In the claim, the woman, aged now in her mid-30s, says she was a passenger in the man's SsangYong Actyon dual cab ute when it crashed on Wednesday, February 11 2015.
About 2.10pm the ute, which was being driven in a southerly direction along Old Byfield Road, Ironpot, towards Yeppoon Road, when the driver lost control and the ute overturned and ended up on its roof.
The claim says the driver allegedly failed to keep a proper lookout as he drove at an excessive speed.
It said the driver failed to show due care and attention.
"By reason of the negligence of the defendant...the plaintiff sustained personal injury constituted by a fracture dislocation of the cervical spine at the C4/5 vertebral level, involving a high grade ASIA-A spinal cord injury, cord haemorrhage and traumatic disc rupture with posterior and superior extrusion of disc contents," the claim says.
"On account of her injury, it was necessary for the plaintiff to seek and receive medical treatment, including her in-patient hospitalisation at the Princess Alexandra Hospital, Brisbane until her discharge on 8 March, 2016."
The financial claim for $23.439m, incorporates more than $18.3m for future attendant care and services.
While the matter is still working its way through the legal process, if a judgement was made in this vicinity it is understood that would be among the highest recorded in the state.