EXPERIENCE & EXPERTISE
Evie’s extensive knowledge of personal injury law, including all relevant Queensland legislation, allows her to provide tailored advice to clients on claims arising under the Motor Accident Insurance Act 1994 and Personal Injuries Proceedings Act 2002, including the interaction of the Workers Compensation and Rehabilitation Act 2003.
Evie’s skills in this field are boosted by her experience in defending many types of claims, ranging from simple, routine matters through to complex liability and quantum claims involving intoxication, third party claims and catastrophic injuries.
Evie effectively manages all claims to achieve early resolution. She is a skilled negotiator and is committed to providing clients with a high level of service and advice.
Major matters Evie has worked on include:
- Acting for a CTP insurer defending a claim by a passenger where the driver was grossly intoxicated. Defences of joint illegal enterprise, voluntary assumption of risk and contribution were argued. The plaintiff was found contributory negligent to the extent of 20% for failing to wear a seatbelt in the first instance. An appeal was lodged by the CTP insurer and the plaintiff was found an additional 50% contributory negligent, on the basis of entering a vehicle where the driver was grossly intoxicated. The plaintiff’s damages were reduced by 70%.
- Acting for the public liability insurer of a taxi company and taxi driver defending a loss of dependency claim brought by the family of an intoxicated pedestrian. The deceased (who had been driven to the incorrect address by the taxi driver) was struck first by an unknown vehicle, then by another vehicle. The deceased’s family was unsuccessful in the claim against the taxi company, although it was found the taxi driver was 80% and the Nominal Defendant was 20% liable. This case examined the liability of taxi drivers when accepting passengers, as well as the principles regarding intoxication and contributory negligence. The case also examined the assessment of loss of dependency claims.
- Acting for a CTP insurer defending a loss of dependency claim where the deceased was a director of a successful business. The plaintiffs sought assessment of loss of dependency in accordance with Vincents’ Personal Consumption Percentages in Australia – Current Tables for 2015 and Agreed statistical tables for loss of financial dependency in Australia. The matter was successfully resolved prior to trial.
- Acting for a CTP insurer involving complex liability issues and whether negligence is established where accidents have been caused as a result of foreign objects and substances on the road.