Personal Injury

• Author: International Law Group
• Pages: 54-56

Page 54

A rear-end motor vehicle accident in May 2000 in San Diego, California injured the thirty-two year-old plaintiff, Rhonda Gaye Young, then a Navy wife and former model. As a result of that accident, she suffered serious and continuing pain in her back and neck. A U. S. Naval Hospital found that plaintiff had a cervical strain and chest wall contusions. These injuries caused her persistent pain for which she took medications. In December 2000, the plaintiff, who by then was pregnant, told Dr. Bretz, her obstetrician, that her back pain had remained severe since May 2000 despite her use of pain relieving drugs. He referred her to a clinic specializing in pain management.

On February 20, 2001, nine months later, plaintiff experienced a second auto accident in Brisbane, Australia; it is the focus of the present proceedings against Kym Bayliss (defendant 1) and Suncorp Metway Insurance Ltd. (defendant 2). She was admitted to the emergency department of the Royal Brisbane Hospital (RBH) complaining of abdominal and back pain.

When Dr. Sellback examined the plaintiff in the RBH emergency department about three hours after the second accident, she complained of "mild to moderate tenderness in the cervical spine at C2-3 but had a good painless range of movement". The plaintiff did not complain of neck pain and the doctor's examination revealed no neurological symptoms, and no head injury.

A week or so later when seen by Dr. Lindsay at the RBH pain clinic, the plaintiff gave an account of "constant and intense pain beginning May 27, 2000." At that time, the plaintiff did not complain of any increase, or difference, in pain level caused by the Brisbane accident.

Dr. Day was the only orthopedic surgeon plaintiff called to testify at the trial; he had been her treating surgeon at the RBH's spine clinic. On January 14, 2002, plaintiff wrote to Dr. Day. In pertinent part, her letter declared: "I am writing to you today in reference to the request for a disability certificate/statement, due to the injuries to my vertebrae bones of T-7 and 2 x T-8, sustained on the 27th May 2000, in San Diego, U.S.A.

.... My life has been completely ripped apart because of this accident, that was the fault of an unin[s]ured motorist, and it is now nearly 2 years later and I have to live with pain, and adjust my life, and my future employment aspirations because of this, and I just need to clean up my past, debts and all ..."

On February 19, 2002, Dr. Day wrote to...