Man paid $144k after car ramming causes post traumatic stress
NOEL Jackson was no stranger to receiving abuse and hostility.
But the Radio Rentals Mackay manager never feared for his life - until he met Peter Loris Bishop.
Angry that Mr Jackson was attempting to repossess a refrigerator, Bishop drove his vehicle at Mr Jackson's vehicle while he was inside it and then smashed the windscreen with a brick.
Mr Jackson suffered whiplash and post traumatic stress disorder , which resulted in him being out of work twice since the incident on November 30, 2010.
Judge Fleur Kingham awarded Mr Jackson $144,085.16 in damages and personal injuries after he successfully sued Bishop's vehicle insurer, AAI Limited, in a civil trial in the District Court in Mackay.
Mr Jackson was visiting the home of a woman who was a defaulting renter when he encountered Bishop, who made threats toward him.
He had returned to his car to move it into position to load the fridge when Bishop let some air out of one of Mr Jackson's tyres.
Concerned by this behaviour, Mr Jackson rang his office for assistance and positioned his vehicle across the bottom of the driveway, partially blocking the path.
Bishop and the woman got into their vehicle, with Bishop in the driver's seat, began to rev the engine loudly and reversed the vehicle at speed down the driveway, ramming into Mr Jackson's car.
The pair then attempted to force their way into Mr Jackson's car, but he managed to hold them off.
Before he could drive away, Bishop smashed the windscreen with a brick.
In a recently published judgment, Judge Kingham said: "The proceedings involve the unusual circumstance that Mr Jackson's claim is for damages arising from Mr Bishop's driving and the collision between the two vehicles."
Judge Kingham said Mr Jackson could have proceeded against Mr Bishop and the woman for injuries arising from their conduct towards him, or against his employer for failing to fulfil its duty of care to him.
"However, his claim is confined to personal injury caused by, through or in connection with a motor vehicle," she said.