Judgment date: 17 April 2012
Suncorp Metway Insurance Limited v Norris
[2012] QCA 101
Supreme Court of Queensland1
In Brief
- Reasonableness of the plaintiff seeking medical attention and
exposing the true extent of the injury beyond the limitation period
depends on the warning signs experienced by the plaintiff.
- The fact that a previously unidentified vehicle at fault
becomes known by police at a later date will not automatically
preclude the plaintiff from an extension to the limitation period.
Reasonableness in the circumstances of each case remains the
ultimate determination.
Background
On 29 March 2005, the respondent was injured in a motor vehicle
accident when the front of her vehicle was struck by a box
containing a radiator that fell off the back of the vehicle
travelling ahead. The impact of the box caused the respondent to
lose control of her vehicle and strike concrete barriers to her
right.
