Former law student wins right to sue road safety giant

Heard before Sandra Davis in the County Court of Victoria, it was found that Dabu’s accident-triggered fibromyalgia had caused long-term impairment affecting her neck, shoulders and back.

Prior to the accident, Dabu was an active university student and retail supervisor who conducted regular exercise.

Although she had previously experienced occasional bouts of lower back pain, each episode resolved without ongoing issues.

Following the transport accident, despite completing her undergraduate degree and working as a legal assistant, her ongoing pain affected her studies and ability to work, leading to her eventual resignation from Zaparas Lawyers.

Dabu’s evidence showcased that her condition limits everyday activities, disrupts her sleep and ultimately prevents her from pursuing the studies required to enter the legal profession, and a rheumatologist warned that “it is unlikely that Ms Dabu will ever return to her baseline level of function”.

Providing affidavits, Dabu’s parents and a close friend had told the court she had become withdrawn and socially isolated since the accident, with chronic pain limiting her ability to exercise, travel and perform household chores.

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They said she is now reliant on her parents for assistance and often struggles with everyday activities and social outings.

Surveillance footage provided by the Transport Accident Commission – aiming to challenge her claimed physical limitations – demonstrated Dabu bending, turning her neck, reaching above chest height, filling her car with petrol and walking across car parks.

Only six minutes of footage from 69.5 hours of surveillance was tendered in court.

TAC-appointed specialists disputed Dabu’s claimed limitations, with one describing her as “very functional” on surveillance footage.

Dabu’s medical experts concluded that her initial whiplash and soft tissue injuries caused widespread chronic pain and significant restrictions on her ability to work, a finding which Judge Davis had accepted, ruling that “pecuniary disadvantage and pain and suffering are more than considerable when compared with other cases in the range of long-term impairments”.

Medical records detailed that Dabu had repeatedly reported neck, back and shoulder pain to doctors from shortly after the 2018 accident through to 2026, indicating that her complaints were broadly consistent over time.

Judge Davis found Dabu’s fibromyalgia had severely affected her daily life, stopping her from completing her legal studies and limiting her prospects for work in the legal profession, as well as limiting her exercise and recreational activities and accepted that her pain was genuine despite concerns raised by medical experts from the defendant.

Judge Davis granted leave to Dabu to issue proceedings for the recovery of damages in respect of the injury to the shoulders and spine suffered in the transport accident.