In McQuitty v Midgley & Anor [2016] QSC 36, the
plaintiff suffered multiple injuries, the most significant of which
was a severe brain injury, as a result of a motor vehicle accident
on 28 August 2003. He was 20 years of age at the time of the
accident and brought an action via his litigation guardians
claiming damages from the driver of the vehicle and the relevant
CTP insurer.
Liability was admitted, however, quantum was in issue largely
due to the plaintiff's troubled past in his short life leading
up to the time of the accident. He had a very difficult upbringing,
had been homeless, a habitual abuser of drugs and alcohol, involved
in physical altercations and minor criminal offences, and engaged
in what could be considered antisocial behaviour. The plaintiff was
"quick to anger" and "lacked ordinary social
skills". In addition, he had been involved in two prior
significant motor vehicle accidents in 1999 and 2001.
