Magistrate Peter Morrison found for the passenger, 71-year-old Bora Antonijevic, and ordered the taxi driver's insurer NRMA to pay the man nearly $60,000 in damages.

Lawyers for the driver Jagiwan Malhi and NRMA had fought the allegation, arguing there was no breach of duty because the taxi had been stationary and in any event Mr Antonijevic had exaggerated his injuries.

They had also argued contributory negligence, in that the man had not taken care in attempting to exit the car while drunk.

There was a question about Mr Antonijevic's drunkenness at the time of the accident, but the magistrate found he wasn't affected by alcohol in any material way.

In the decision published early this month, Mr Morrison also said while Mr Antonijevic was obese and had limited mobility the evidence did not support a conclusion that he contributed to his own injury by failing to do take care.

The ACT Magistrates Court heard Mr Atonijevic had visited an old neighbour in Ainslie on November 4, 2014, where they had drunk a couple of beers together. They called a taxi to take them to Civic.

When they arrived the passenger said he opened the car door but because he was quite heavy, about 120-odd kilograms at the time, his friend had already exited.

He put his left foot on the concrete but said the taxi started moving while the top half of his body was outside of the car but the rest was inside.

He told the court he lost his balance and hit the ground with his left knee.

"The cab continued to drive for approximately a metre - I don't know," he said.

"I then fell on my back and hit my head on the concrete because as he moved the taxi I twisted my leg and I thought that I had broken my leg. Also I twisted my back. The taxi stopped. I was basically lying on my back on the concrete in front of the shop."

He denied that he was drunk.

Someone called an ambulance and Mr Antonijevic was taken to hospital.

When the taxi driver gave evidence he denied moving the taxi. But the magistrate was not satisfied of his evidence and found he had, pointing to a mistaken belief both passengers had already alighted as a logical explanation for driving off.

The injuries Mr Antonijevic alleged were to his back and neck, bruising to the knee, pain in the right hand and wrist, head injury and headaches, restricted back movement, difficulty sleeping, reduced capacity to participate in activities of daily living and social activity and the need to take medication.

But the magistrate said Mr Antonijevic's claim for injuries and disabilities caused by the accident had to be assessed against the background that he suffered from several, significant pre-existing injuries, including degenerative changes to his spine.

In addition, the magistrate said he was left with the impression that the man had a tendency to overstate his injuries. There was no medical evidence to support reducing damages on the basis Mr Antonijevic's pre-existing condition would have degenerated and his present symptoms emerged even if no accident had happened.

But in the assessment of damages Mr Morrison said he had taken into account that Mr Antonijevic suffered and was likely to continue to suffer from his various other conditions.

Mr Morrison gave judgement for Mr Antonijevic in the amount of $58,297.

He ordered the insurer to pay costs.