Grandmother Rescues Child – Obtains Payout
On 24 July 2019, Mrs P was walking with her granddaughter, C when a motor vehicle suddenly emerged from an inconspicuous driveway on a collision course with the 2 year old child, C.
Mrs P, a 58 year old grandmother, bravely threw herself in front of the vehicle to protect the young child. Mrs C saved the infant, but sustained fractures to her left ankle in the process. The young girl was still traumatised by the incident and so claims were brought by the pair against the CTP insurer of the driver alleged to be at fault.
Mrs P engaged Parramatta City Legal to assume conduct of both claims.
The immediate impact was felt by Mrs P in not being able to return to work. Parramatta City Legal set about marshalling all the necessary evidence to proceed with a claim against the driver of the vehicle at fault.
An application was made for our client’s diminution in earning capacity, past loss of earnings, medical expenses, domestic home care and assistance, travel expenses and pain and suffering.
Outrageously, when the CTP insurer issued its determination on liability, it was alleged that Mrs C was guilty of contributory negligence by deliberately throwing herself in front of the vehicle. This was very much disappointing for the solicitor with conduct of the matter and steps were immediately taken to refer the matter to the District Court for determination of the issue of liability.
Mrs P in the meantime desired a quick and amicable resolution to the matter. Accordingly, we made submissions to the insurer on the issue of liability and our client’s role as a rescuer and arranged for an informal settlement conference to be convened.
Despite there being no entitlement to non-economic loss given the relatively minor nature of the injury and despite the fact that Mrs P was close to retirement (thus minimising her wage loss claim) Parramatta City Legal negotiated a compromised resolution of the matter in excess of $140,000.000. Mrs P was ecstatic with the result and is presently in the market to obtain new employment to consolidate her retirement.
The child’s claim for damages flowing from her psychological injury is continuing.