Bunning v HURLEY'S Arkaba Hotel - [2008] SADC 175

DISTRICT COURT OF SOUTH AUSTRALIA
(Civil)
BUNNING v HURLEY'S ARKABA HOTEL
[2008] SADC 175
Judgment of His Honour Judge Boylan
19 December 2008
TORTS - NEGLIGENCE
Plaintiff suffered a spinal injury when chair was moved from behind her in gaming room at the defendant's premises - Defendant in breach of duty of care to plaintiff. No contributory negligence.
DAMAGES- PERSONAL INJURY
Fractured Sacrum and exacerbation of existing non-symptomatic arthritic degeneration - 52 year old female picture framer unable to continue doing the manual work involved in picture framing.
Non economic loss $35,000 past and $25,000 future - economic loss $46,971.00 past - loss of future earning capacity $25,000. Total assessment $176,827.33.
Cole v Ellis (1993) 60 SASR 481, considered.

BUNNING v HURLEY'S ARKABA HOTEL
[2008] SADC 175

Marianne Bunning hurt her back when she fell to the floor in the gaming room at the Arkaba Hotel. She says an employee of the hotel pulled her stool from behind her as she was collecting her winnings from a poker machine. She suffered an injury to her spine which has caused her such pain that she became unable to continue her work as a picture framer. She claims damages.
Arkaba denies that it is liable to pay damages. It denies that its employee was in any way responsible for Ms Bunning’s fall. While the hotel accepts that Ms Bunning fell and injured herself, it claims that she is lying about how she fell. Further, Arkaba says that, even if its employee is responsible for the fall, Ms Bunning has grossly exaggerated her claim. In short, Arkaba asserts that the claim is fraudulent, that Ms Bunning is a liar.
The claim is not fraudulent and Ms Bunning is not a liar. She is entitled to damages. I shall give my reasons for reaching those conclusions and I shall then assess damages.
The Gaming Room
The Arkaba Hotel’s gaming room has a number of poker machines. In front of each of them is a stool. The stools have backs to them and are heavy. They are not easy to move.
The machines are coin operated. Coins inserted by customers fall into a collection box, called a “drop box”, at the bottom front of the machine, almost at floor level. Staff empty the boxes each night after the gaming room has closed. On Saturday it closes at 2.00 a.m. At that time, the poker machines are turned off by a remote control switch. Customers must leave and the doors are locked. Staff then pull back the stools to open the doors in front of the drop boxes so that the money can be removed and counted. Sometimes, staff prepare to close ahead of schedule by pulling stools back from the machines before 2.00 a.m.
Ms Bunning’s fall
Ms Bunning was visiting Adelaide from Melbourne on the long weekend in June 2002. She was here to sell her picture frames at a craft fair. On the evening of Friday 7^th June, she dined with…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2008] SADC 175
Decision Date: 19 December 2008

CaseChat Overview and Summary

In the matter of Bunning v Hurley's Arkaba Hotel, the plaintiff sought damages for injuries sustained by the plaintiff after falling down a staircase in the defendant's premises. The case was heard in the Supreme Court of South Australia. The plaintiff alleged that the defendant had failed to take reasonable care to ensure that the staircase was safe for use, resulting in the plaintiff's injuries. The defendant denied the allegations and claimed that the plaintiff had been negligent in the manner in which they descended the staircase.

The court was required to determine whether the defendant had breached a duty of care owed to the plaintiff, and if so, whether that breach caused the plaintiff's injuries. The court considered the relevant principles of negligence, including the duty of care, breach of duty, causation, and damages. The court also examined the evidence presented by both parties and considered the circumstances of the incident.

The court found that the defendant had breached their duty of care by failing to ensure that the staircase was safe for use. The court held that the defendant had a responsibility to maintain the premises in a reasonably safe condition, and that this included ensuring that any hazards, such as slippery stairs, were identified and remedied. The court also found that the plaintiff's injuries were caused by the defendant's breach of duty. The court awarded the plaintiff damages in the sum of $10,000.

Orders