Gold Coast female resident awarded $9.5 million in damages
Susan Delaney, a woman who suffered serious injuries, including a brain injury, as a result of a high speed motorcycle chase on the Gold Coast, has received $9.5 million in damages from the CTP Insurer in Queensland, AAMI.
Ms Delaney was a pillion passenger on a motorcycle that was being chased through the streets of the Gold Coast by Police. The driver of the motorcycle, who was a member of a motorcycle gang, was killed in the incident. The woman, who suffered serious head and other injuries in the incident, required constant care and ongoing medical treatment. The majority of the award was to provide for that care as well as her medical treatment, medications and aid needs for the rest of her life.
The argument of AAMI during the claim was that it did not have to meet the rehabilitation needs of Ms Delaney because it considered she had contributed to the extent of 100% to her injuries occurring. AAMI argued that as the police chase was happening and the motorcycle was being driven at excessive speeds, Ms Delaney should have somehow extricated herself from her position as pillion passenger.
The issue of the obligation for rehabilitation by AAMI was considered by the Supreme Court in Brisbane soon after the accident, wherein the Court held that AAMI should meet Ms Delaney's reasonable medication, treatment and medical aid needs.
Ms Delaney was in a vegetative state for a considerable period following the accident and has had to seek to learn to speak, feed, bathe, dress herself, and walk again due to the severity of her head injuries. Read more.
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