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 $750,000 awarded after car crash 

$750,000 awarded after car crash

5/06/2007 10:08:34 PM
A KYNETON man disabled in a devastating car crash has been awarded $750,000 in damages.

The 51-year-old received permanent spine injuries when the car he was travelling in rolled on the Calder Hwy near Elphinstone in January 2004.

A Supreme Court jury in Ballarat yesterday awarded the former carpenter $440,000 in pecuniary damages and $310,000 for pain, suffering and loss of enjoyment of life.

The verdict, delivered after less than two hours of deliberation, came on day six of the civil trial.

Outside court, the man, who did not wish to be identified for fear of "hounding", described the close of the case as a "big relief".

But he said the outcome would not change his life.

"It's going to help a little bit, but it's not going to take the pain away," he said.

The man sued the female driver for damages for negligence, which was admitted after four days of evidence.

During the trial, he told the court he endured five operations after the smash and remained in chronic pain.

Once an active sportsman, he now spends his time watching television, suffers panic attacks and is anxious in the company of female drivers, he said.

The man's counsel, Richard Stanley, QC, told jurors that, before the accident, his client was "as keen as mustard" and likely to work to age 65.

Mr Stanley said the man gained satisfaction from his job, enjoyed a good standard of living and was in good health.

But he was now unemployable and likely to require further surgery, Mr Stanley said.

Defence counsel Terry Forrest, QC, said, although the man had suffered serious injuries, he was not paralysed or brain damaged.

Describing him as resourceful and intelligent, Mr Forrest said medical evidence showed the man had a residual capacity for part-time work.

He also asked jurors to consider that, prior to the accident, the man was more likely to retire at 60 given the physical nature of his employment.

The man's solicitor, Katalin Blond, told The Courier the accident had a "devastating impact" upon her client.

His damages will be paid by the Transport Accident Commission.

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