Summary: Patinos Lawyers Gain Access to Mobile Telephone Records of Driver of Truck Which Struck their Client
On 26 May 2008, Gary Cameron suffered a brain injury as a result of a collision with a truck whilst cycling to work.
The accident happened some time between 5.30am and 6.02am. Mr. Cameron did not have lights on his bicycle and the truck driver apparently did not see him.
The state of light at the time of the collision was a critical issue. The precise time at which the collision occurred was therefore important and the driver of the truck made two mobile telephone calls to his employer allegedly very shortly after the incident such that telephone records identifying the time of those calls would enable the time of the incident to be established with more precision.
RACQ Insurance refused to co-operate in obtaining the telephone records and Patinos Personal Lawyers were forced to apply in the Supreme Court to seek appropriate Orders to compel RACQ Insurance to co-operate.
In his Judgment delivered on 15 May 2013, Justice Applegarth ordered RACQ Insurance to assist in making available the telephone records of the truck driver to assist in establishing the time of the accident and also to prove or otherwise whether the driver of the truck was using the mobile telephone at the time of the incident.
In addition to making the Order sought regarding the provision of the mobile telephone records, Justice Applegarth ordered that RACQ Insurance pay the costs of and occasioned by the Application Patinos brought.
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