Woman seeks $800k in damages after Lakes Creek Rd crash
A KOONGAL woman claims she sustained injuries in a crash on Lakes Creek Rd and is now seeking damages.
Documents filed in the Supreme Court in Rockhampton on behalf of Melissa Jane Irvine, 38, show Ms Irvine is seeking $889,654.97 in damages following a crash on the busy road on July 18, 2018, about 5.40am.
Ms Irvine claims she was driving her Mazda Tribute station wagon in a westerly direction along Lakes Creek Rd when Jayden Leigh Bowes’s Holden Malibu rear-ended the Mazda as Ms Irvine stopped to turn right into the Foodworks carpark.
The claim states Mr Bowes admitted liability in full as per a letter dated January 15, 2019.
Ms Irvine claims the accident caused her soft tissue injuries to her cervical, thoracic and lumbar spine along with injury to her right shoulder.
She claims she has continuous pain, ongoing medical treatment, out of pocket expenses and earning capacity diminished as a result of the injuries sustained.
However, legal representatives for Mr Bowes and his insurer, Allianz Australia Insurance Limited, deny the claim Ms Irvine sustained a soft tissue injury of the cervical spine as a result of the accident.
They also deny Ms Irvine sustained soft tissue damage to her thoracic spine, lumbar spine and right shoulder as a result of the crash.
In the defendants’ Notice to Defend document filed with the court, the defendants state “any injury suffered by the plaintiff was minor and transient in nature and did not give rise to any permanent or quantifiable impairment.
“The allegations are not supported by the evidence held by the defendants,” the defendants state.
“The defendants believe the allegations to be untrue.
“Any injury has resolved, leaving no ongoing functional impairment.
“The plaintiff did not require any time off from work as a result of the subject accident.
“The plaintiff has continued in full time work with no time off.
“The plaintiff’s financial records demonstrate that her earning capacity has increased since the subject accident.”
The matter is still before the courts.