Road blocks to challenging future economic loss on appeal

Introduction

The decision in RACQ Insurance Limited v Brennan [2013] QCA 150 is a reminder that an appeal court will be reluctant to interfere with a trial judge's assessment of damages unless the assessment meets the rigorous test of being "a wholly erroneous estimate of the damage suffered".

The appeal concerned the calculation of future economic loss and the interpretation of medical evidence relevant to the assessment.

At first instance

At trial, the respondent sued the appellant for personal injuries after a motor vehicle collided with her as she made her way across a marked pedestrian crossing in April 2009.