A Queensland taxi driver who was awarded $200,000 as a result of a car crash has failed on appeal to instead collect $10 million in damages.
Brett Leslie Murphy, aged 50, was injured in a motor vehicle accident in a slip lane on East Street, Rockhampton in September 2017.
A Holden Rodeo collided at low speed with the rear of the taxi Mr Murphy was driving and he sued the driver's compulsory third party insurer, Allianz.
In March the Supreme Court of Queensland awarded Mr Murphy a total of $200,776 for pain and suffering, economic loss and medical expenses.
In September, Mr Murphy appealed the result and sought significantly increased damages totalling over $10 million.
At the time of the accident, Mr Murphy owned the taxi he was driving through a registered business that often made a yearly financial loss and was also working as a supermarket sales assistant.
In the appeal, Mr Murphy sought that he be compensated for past lost earnings based on his gross earnings and not his take-home pay.
Mr Murphy also claimed the original judge made errors by not considering that the other driver did not report the accident and had a bullbar on their vehicle that allegedly did not comply with Australian standards.
The appeal also claimed that Mr Murphy was denied fair assessments for his damages.
In a decision handed down in the Court of Appeal on Tuesday, Justice Thomas Bradley found the other driver had no requirement to report the accident to a police officer for insurance purposes.
Justice Bradley said Mr Murphy seemed to be relying on what he called the "common law of whiplash and high energy trauma" in the United States to determine his level of damages.
"I reject that submission as contrary to the statute law of Queensland," Justice Bradley said.
Justice Bradley could not find a link between Mr Murphy's claims about the bullbar and grounds to disqualify the Holden Rodeo from registration in Queensland.
The original lawsuit's judge found Mr Murphy had suffered a "great deal of pain" that had a negative impact on his daily living activities.
Justice Bradley upheld the original judge's finding that Mr Murphy "suffered moderate cervical spine injury" but his claims to have more serious injuries were ""devoid of any evidentiary basis".
Mr Murphy's appeal was dismissed with costs.
