Bus driver's appeal win secures $539k compo
A WOMAN accused of exaggerating her injuries after a bus she was driving was struck by a car has defeated an appeal lodged against her half-a-million dollar payout.
Karen Foster was awarded $539,764 in damages in the Supreme Court on June 28 last year, after the crash which happened at a roundabout on September 2, 2014.
RACQ lodged an appeal against the payout made to the professional bus driver, who claimed she'd suffered back, neck and shoulder pain which required physiotherapy.
Ms Foster claimed the injuries eventually drove her to severe depression and hopelessness and left her spending much of her time in a recliner chair to manage her neck pain.
The driver of the Holden Commodore, Jade Carter, admitted liability for the crash, after the Commodore was driven through a roundabout, lost control and hit the back of the bus, before coming to rest on the median strip.
Ms Foster claimed the impact of the crash was so severe it pushed the bus sideways about half a metre.
She estimated the bus weighed nine tonnes and she'd been holding the wheel steady to stop the bus from losing control during the crash.
Claims which were described as exaggerated during the initial judgment, which eventually awarded Ms Foster almost $540,000 in damages.
The appeal launched by RACQ Insurance Limited was heard on November 10, 2017 in Brisbane's Supreme Court.
RACQ launched its appeal and argued the primary judge had erred in finding Ms Foster had only a slight capacity to return to work and also contested the assessments of damages for past and future care (totalling more than $62,000) and past economic loss (which was awarded at more than $116,000).
Future economic loss was of $270,000 was also awarded.
Ms Foster launched a cross appeal of some damages assessments, but it and the original RACQ appeal were both ordered to be dismissed, with costs, by Supreme Court judges on October 3, 2018.