QCA reverses trial judge's findings on liability apportionment and gratuitous services damages

Introduction

In this case the Queensland Court of Appeal reversed the trial judge's finding as to apportionment of liability for the contributory negligence of the plaintiff. The Court also reviewed the authorities related to the assessment of damages for gratuitous services pursuant to s59 of the Civil Liability Act 2003 (Qld) ('CLA').

Facts

On 12 May 2006 the plaintiff was injured in a collision between his motorcycle and a semi trailer driven by the defendant. The semi trailer was fitted with indicator lights on the front, brake lights on its mudguards and a flashing amber light on the roof of the cab.There was a flashing amber light on the back of the trailer together with warning signage with the words 'oversized' and 'do not overtake turning vehicle'.