Do not ask me: Properly proofing your client to give evidence

The WA District Court recently examined the reliability of a plaintiff's evidence at trial in the case of Hollier v Bettesworth [2017] WADC 108.

Background

The Plaintiff was involved in motor vehicle accidents on 7 December 2013 (first accident) and 21 November 2014 (second accident).

As a result of the first accident the Plaintiff claimed to have suffered an adjustment disorder, mood changes, headaches, and symptoms in the neck, nose, chin, left shoulder, and left elbow. The second accident did not cause any significant injury, and it was conceded that a claim for this would not exceed the statutory threshold for non-pecuniary loss.

The Plaintiff had various treatments, including shoulder surgery. In the six months prior to trial, she reported to various doctors that her symptoms were worse than they had been before.