French v QBE Insurance (Australia)
Limited [2011] QSC 105
Stephen Crouch went to a friend's barbeque and drank a
bottle of rum and two glasses of bourbon. His friends decided that
it would be best that he go home and called him a cab. His friends
assisted him into the taxi and asked the driver to take him to 37
Yangoora Crescent and to 'get him home
safely'.
The taxi driver misheard the address and took him to 27 Yangoora
Crescent. The ride was only 10 minutes but by the time they arrived
Mr Crouch had fallen asleep. The driver was unable to wake him, and
went and spoke to the occupant of number 27 who denied knowing
anything about the passenger. The driver called his base asking for
police assistance. He opened the back door of the cab and Mr Crouch
fell onto the footpath. He drove off with Mr Crouch's mobile
phone and left Mr Crouch 'pissed and legless'
lying on the grass, wet from rain. He told the operator he had got
the passenger out and had been paid.
