Hedge & Ors v Trenerry [1997] QCA 406
[1997] QCA 406
At a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
1997-11-07
Before
Davies J, McPherson J, Demack J, Before Davies J
Source
Original judgment source is linked above.
Judgment (80 paragraphs)
This is an appeal from the decision of a Trial Division Judge who found that the plaintiff had been injured whilst travelling as a passenger in a vehicle being driven by the first defendant ("Mr Hedge") and that her damages should be assessed at $2,245,343.55. The injuries were sustained in 1982 and since then the plaintiff has married. In these reasons she is referred to as Mrs Dale although at times this will sound inappropriate. The appeal has been brought by Suncorp Insurance and Finance ("Suncorp"), the defendant by election, in respect of the finding that Mrs Dale was a passenger in the vehicle, in respect of the failure to find contributory negligence on her part and in respect of the assessment of damages.
Mrs Dale was born on 24 December 1964. She was injured in the subject motor vehicle accident on 25 October 1982. She married Mr Dale on 1 July 1989 and they have two children, Sonya, born 11 December 1989 and, Felicity, born 18 November 1991. They live in Dalby.