$9m To Man Who Let Teen Drive Car
The Age
Thursday July 6, 2006
THE teenager did not have a learner's permit, let alone a licence, but despite this a judge has awarded the man who allowed him to take the wheel $9.5 million after the car overturned on an outback road, leaving the man a quadriplegic.
In a case that highlights the quandary of how far adults should go in giving young drivers experience, Paul Imbree has not been held fully responsible for allowing the 16-year-old to drive his Qantas company four-wheel-drive during a camping holiday in the Northern Territory in 2002, while he supervised from the front seat. The judge said the fact that Jesse McNeilly was unlicensed should not deprive Mr Imbree of damages, as he had been injured due to "negligence of the driver". In the NSW Supreme Court, Justice Timothy Studdert said Mr Imbree, from Caringbah, was 30 per cent responsible because his instructions to hold the steering wheel of the Toyota LandCruiser and to not travel faster than 80 km/h were not specific enough. Justice Studdert said it was Jesse's "carelessness over and above what could be attributed merely to inexperience" that caused the accident. Mr Imbree, a Qantas manager, was travelling with his two teenage sons, their friend Jesse and his colleague, Ben Watson, from Kings Canyon to Hermannsburg when Jesse swerved sharply to avoid a shredded tyre and the vehicle overturned. They had passed signs that read "Beware. Loose surface. Dust. Corrugations" and "Careful driving techniques advised".Mr Imbree had not given Jesse, who had failed his written test for a learner's permit five days before the trip, any particular instructions for that road. Jesse had driven four times during the trip, including in the Simpson Desert. Insurance company Allianz, claimed the gravel road was "very challenging" and that Mr Imbree was fully responsible because he allowed Jesse to drive unlicensed. Allianz is considering an appeal. Allianz spokesman Nicholas Schofield said it was nonsense to suggest novice drivers needed experience even in adverse conditions, as suggested by Mr Imbree, rather than on normal roads. Mr Imbree, 48, has no movement from the neck down and now needs 24-hour care at a cost of $5000 a week. The total cost for carers alone is estimated at $5.5 million. After the 30 per cent contributory negligence and other costs are deducted, he will receive about $6.5 million. His costs also include such things as $85,932 for future gardening and maintenance, $30,266 for provision for hospitalisation for pneumonia, $29,760 for occupational therapy, a $287,184 wheelchair and $300,000 for a voice-activated "environment control unit" to operate heating, telephone and television. The other passengers sustained only minor injuries. Mr Imbree said the judgement was a relief but that he would still have to be frugal. His mother and three sons, Paul, 20, Clayton, 17 and Reece, 16, live with him.
© 2006 The Age