Man left 'damnified' after crash sues driver for $2m
A BUNDABERG man who broke his neck, leg and spine when a 4WD smashed into his car in 2015 is suing the driver of the vehicle and her insurance company for more than $2 million.
Since June 2015, Matthew Luke Green has undergone a dramatic lifestyle change.
His injuries meant he couldn't continue working as a cryogenic lagger and had to quit his job, causing his career as a qualified concreter and plumber to veer in another direction.
Mr Green sustained a crush fracture to his C5 vertebrae (neck), a burst fracture of his L3 vertebrae (his lumbar spine), a fracture to his right wrist and a fracture of his right femoral shaft (leg) when a 4WD collided with his car at the intersection of Moore Park Rd and Gooburrum Rd.
For eight weeks after his release from the Royal Brisbane Hospital Mr Green was bed bound. He needed help with even the most basic day-to-day tasks, had to undergo rehabilitation and depended heavily on his parents, brother and girlfriend.
He spent the third month after his hospitalisation in a wheelchair, and while he's now able to get around with little help, he will require surgery on his wrist, scar revisions on his body and regular physiotherapy and massage treatments in the future.
He has also attended 10 counselling sessions.
In a statement of claim lodged in the Supreme Court of Queensland, Payne Butler Land Solicitors alleges the collision on June 5, 2015 was "caused solely by the negligence of (the 4WD driver Danielle Susan Haak), for whose negligence (her insurance company RACQ) is liable...".
The claim alleged Ms Haak failed to "give way when it was unsafe to not do so ... to keep any or any proper lookout ... to stop, slow down of steer clear of (Mr Green) ... and to maintain any or any adequate control over the 4WD".
The claim also argued Ms Haak drove "without due care and attention ... at a speed which was excessive in the circumstances", ultimately dooming Mr Green's life.
"As a result of the said personal injuries, the plaintiff has endured and will continue to endure considerable pain, suffering and discomfort. He will require further treatment ... has lost income or capacity of earning further income ... will require assistance in the future ... has expended money on treatment and medication ... has lost many of the amenities of life and has been otherwise damnified," the claim stated.
Mr Green is claiming loss and damages totalling $2,150,992.26.
The claim was filed November 15, which both RACQ and Ms Haak will have 28 days to respond to if either wishes to make a counter claim, once the lawsuit is received.