Outback smash ... Paul Imbree has been awarded almost $9 million after a car accident left himparalysed from the neck down.
Man left paralysed by car accident
Sues unlicensed teen driver and Qantas
Awarded $9 million
A MAN left paralysed from the neck down after an unlicensed teenage driver rolled their 4WD on an outback road in the Northern Territory was yesterday awarded almost $9 million by the High Court.
The judgment in Paul Imbree`s case comes after the High Court overturned a long-standing precedent about learner drivers` level of responsibility.
Mr Imbree was relieved by the payout, saying it meant the difference between living at home in Caringbah or going into a nursing home.
"It`s enabled me to continue living a family life," he said.
"It enables me to employ carers to come here and keep me going from day to day."
Mr Imbree fractured his spine when his son`s friend Jesse McNeilly, 16, swerved to avoid debris and crashed on a gravel road in the Northern Territory in April 2002.
Mr Imbree yelled at Mr McNeilly, telling him to brake, but the teen turned sharply and accelerated, rolling the vehicle.
Mr Imbree, 50, was left a tetraplegic, only able to move from the neck up.
He sued Mr McNeilly and his employer, Qantas - which owned the vehicle - for negligence in the Supreme Court.
His damages of $9.5 million were reduced by 30 per cent for contributory negligence, with the court finding he assumed a risk of injury by letting the teenager drive.
Mr Imbree`s payout was cut again to $3.7 million on appeal, with Mr McNeilly and Qantas arguing inexperience was the main factor and Mr Imbree held greater responsibility.
Mr Imbree then took his case to the High Court, challenging a 1986 finding that an unqualified, inexperienced driver had a lesser duty of care than other drivers.
The finding meant parents, rather than compulsory third-party insurers, were liable for the risk of injury when teaching youngsters to drive, his lawyers argued.
Mr Imbree succeeded, with the High Court ruling last month that a learner driver should be subject to the same standard of care as any other driver.
Law Society of NSW president Hugh Macken said the ruling gave "certainty and consistency to the law of negligence by applying the same standard to drivers, irrespective of their age and experience".
