$XY compensation for Townsville gopher crash victim
Lawyers win $XY for a 92-year-old man who broke his leg in a mobility scooter accident
Injuries: Broken leg, bruises
The plaintiff was riding his gopher on a footpath when a man stepped out of his business in a hurry, forcing the retired war veteran to swerve and collide with a pole. He fell out of his gopher, broke his leg and suffered heavy bruising as a result of the accident.
The plaintiff had to have surgery and a plate inserted into his left leg. He spent six weeks in the hospital before being discharged into the care of family members, but it still being picked up and driven to weekly medical check-up sessions on a continuing basis. He has also visited a physiotherapist and received hydrotherapy.
Due to his age, the consequences of the accident are likely to be severe as the man was already only able to walk with some difficulty before the incident. Prior to the accident, the man had resisted efforts by family relatives to move him to an aged care facility. But now he has little choice as he is mostly bedridden and has to be assisted moving to the lounge and helped into a chair for the simple task of watching television. He is no longer able to ride his gopher to the shops or for the daily visits he used to indulge for a cup of coffee and to read the newspaper in the High Street.
Final Compensation Settlement
The court ruled that the plaintiff was entitled to $XY compensation for pain and suffering and lifestyle impacts that appeared to be irreversible in consequence of his age. The street where the accident occurred was commonly used by elderly people riding gophers as well as younger children from a nearby school, shoppers and commuters. As a result, the man who stepped into the road was found culpable for not being more aware of his surroundings or alert to the slow-moving gopher moving in his direction. He was found to have caused the accident and was liable for $XY to be paid to the plaintiff.