Personal Injury Brisbane

Smith v Moore & Anor [2014] QDC 273 Ryrie DCJ 03/12/2014

In May 2011, a bicycle rider who was sprung from his cleats and thrown over his handlebars to bounce once before landing on his back in Boundary Street West End was fortunate not to have been struck by other vehicles while writhing on the roadway.

Andrew Moore had pulled into a parking space and a moment earlier opened his driver’s door into which triathlete Aaron Smith collided. He was ambulanced to the Mater hospital for surgery to his left hand where he remained for four days.

Smith was a licensed aircraft maintenance engineer engaged in the modification of an Airbus A330 into a RAAF air-to-air refueller.


Nominal Defendant v Bacon [2014] NSWCA 275

McColl JA Macfarlan JA Ward JA 21/08/2014

Corrugations formed by frequent traffic on unsealed roads are a part of daily life in rural Australia.

The agriculturally rich Liverpool Plains between Tamworth and Gunnedah is crisscrossed by such roads on which locals accommodate the corrugations – where safety permits – by driving in the centre on what is colloquially known as the “beaten track”.

In the late afternoon of an August 2008 Friday, Natalie Bacon was driving west from her parents’ home in Breeza in her Ford Fiesta, towards Gunnedah, along The Old Dip Road.