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  • Employer liable where procedure not enforced and inadequate training of plaintiff

    On 21 January 2014 the Plaintiff suffered an injury to his lumbar spine in the course of using an Armatec Vacuum lifter to move panes of glass from a trolley to the production line at the Defendant’s Eagle Farm premises.

  • Employer not liable where Plaintiff failed to perform work in the manner instructed

    In November 2006, the plaintiff suffered an injury to both his left hand and arm and developed a secondary psychological injury. He commenced a claim against his former employer for damages and received a gross settlement figure of $475,000.00 in October 2008.

  • Employer liable for injury loading truck at coal mine

    The plaintiff was a truck operator at the Burton Coal Mine, and alleged he sustained an injury to his lower back when a large rock was dropped into the tray of his truck in October 2011.

  • Nurse awarded damages after patient barges through a door

    The Plaintiff was a nurse who sustained injuries to her back together with a secondary psychological injury, after a patient attempted to barge through a door in the nurses’ station in the Psychiatric Intensive Care Unit (the PICU) on 9 August 2012.

  • Employer not liable for slip on grape

    As outlined in our case study, the appellant was a school teacher employed by Riverside Christian College. In 2015, she sustained injuries to her left knee when she slipped on a grape when walking in a foyer area between classrooms.

  • Corrective Services Officer fails in claim relating to unprovoked prisoner assault

    Mr Corbin, a corrective services officer, was assaulted by prisoner X on 10 October 2013 resulting in him suffering a number of injuries including a head injury. Mr Corbin had earlier asked prisoner X to smoke outside but he persisted. The attack occurred shortly after Mr Corbin re-approached the prisoner, without another officer, to again ask him to stop smoking. Without warning, prisoner X struck Mr Corbin several times in the head.

  • Plaintiff awarded damages after Q-fever diagnosis

    A 57 year old supervisor/carpenter working on a school farm was diagnosed with Q-Fever in January 2012, that has since developed into Q-Fever Debility Syndrome. The worker, who has been unable to return to work, claimed damages from his employer and from the State of Queensland as the controller of the school/school farm.

  • Plaintiff unsuccessful in proving QAS psychiatric injury liability

    The plaintiff was a paramedic with the Queensland Ambulance Service (‘QAS’), based in Far North Queensland. He allegedly developed a psychiatric injury arising out of three incidents which he attended as paramedic at Doomadgee.

  • Employers have a duty to train and instruct workers on safe truck exiting

    Kelleher v J & A Accessories Pty Ltd [2018] QSC 227 - Brisbane Supreme Court. The Plaintiff was a 45 year old sales representative / delivery driver who alleged he sustained lower back and psychiatric injuries as a result of repetitively lifting vehicle batteries weighing over 20kg between 2012 and 2013; and exiting from the cabin of an Isuzu NPR 300 truck on 21 August 2013.

  • Plaintiff unsuccessful in proving liability in prison assault

    Eastment v State of Queensland [2018] QCA 253 – Court of Appeal Brisbane The plaintiff, a former correctional officer, was assaulted by a prisoner on 8 March 2009. The plaintiff developed a significant psychiatric injury as a result of the event. Quantum was agreed and the matter proceeded as a liability only trial.

  • Plaintiff unsuccessful in proving liability for slip on a grape

    Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123, 25 July 2018. The plaintiff alleged that the risk of injury as a result of dropped fruit during the fruit break was a foreseeable risk which was not insignificant. The plaintiff also alleged that the employer breached its duty of care by failing to, amongst other things, have in place a system of inspection and cleaning of the foyer during the fruit break.

  • Workplace assault involving issues of foreseeability and causation and the employer's knowledge

    Colwell v Top Cut Foods Pty Ltd ACN 010 650 281 [2018] QDC, 27 June 2018. The Plaintiff alleged that preceding events put the employer on notice of a possible assault which then imposed a duty of care on the employer to implement preventative measures to prevent the foreseeable risk.