POSTED: 20 Mar 2018
On 12 August 2014, Louisa Dow was driving home from work. Her vehicle was stationary in a slip lane for traffic turning when Mahmoud Elbarbary’s vehicle collided with the rear of her vehicle. The impact was not a major impact and Ms Dow sustained a whiplash injury.Ms Dow commenced proceedings against Mr Elbarbary in the Supreme Court of the Australian Capital Territory, in negligence and claimed damages. Liability for the accident was admitted and the matter proceeded to a hearing as to damages only.Ms Dow claimed that she suffered musculoligamentous injury, anxiety about traveling in cars, and other psychological sequelae of the accident. Mr Elbarbary argued that Ms Dow recovered within, at most, six months of the accident.