Personal Injury Case Note: Venizelou v AAI Ltd [2021] NSWPICMP 215

Review Panel: Principal Member John Harris, Dr Ian Cameron and Dr Trudy Rebbeck

Important Takeaways

• The Panel accepted that further tearing of an already degenerate lateral meniscus caused by the accident was a partial rupture of the meniscus, and that such injury was not a minor injury for the purposes of the Motor Accident Injuries Act 2017.

Facts

The Claimant in Venizelou v AAI Ltd [2021] NSWPICMP 215 fell when the Insured bus she was travelling on broke suddenly on 4 February 2020. It was accepted that she fell directly onto her left knee.

Pre-accident records revealed that the Claimant attended her GP on multiple occasions in 2017 for left knee complaints. In August 2017 the Claimant attended an Orthopaedic Surgeon when a total knee replacement was recommended. However, the Claimant did not undergo surgery and did not complain of left knee pain again until 18 November 2019 when there was a reference to bilateral knee pain.