Cameron v Foster

[2010] QSC 372

SUPREME COURT OF QUEENSLAND

CITATION:

Cameron v Foster & Anor [2010] QSC 372

PARTIES:

DONALD ROLAND CAMERON
(plaintiff)
v
RODNEY LYLE FOSTER
(first defendant)
KAY LETTSOME LAHEY
(second defendant)

FILE NO/S:

BS11262 of 2008

DIVISION:

Trial Division

PROCEEDING:

Trial

DELIVERED ON:

29 September 2010

DELIVERED AT:

Brisbane

HEARING DATE:

13 – 14 September 2010

JUDGE:

Douglas J

ORDER:

Judgment for the plaintiff for damages in the sum of $434,715.16.

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – OTHER MATTERS – where it was agreed that the plaintiff’s actuarial life expectancy is 29 years – where it was agreed that future general practitioner expenses are limited to the preclusion period applicable under the Social Security Act 1991 (Cth) – by what method the preclusion period should be calculated under the Social Security Act

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – CONSIDERATION OF EXTRINSIC MATTERS – OTHER MATTERS – whether an allowance can be made under s 308E of the Workers’ Compensation and Rehabilitation Act 2003 (“the WCRA”) for services which had partly been paid for after the accident and before the trial and partly been provided gratuitously

Social Security Act 1991 (Cth), s 17(3)(b)
Workers’ Compensation and Rehabilitation Act 2003, s 308B, s 308C, s 308D, s 308E

Karanfilov v Inghams Enterprises Pty Ltd [2004] 2 Qd R 139; [2003] QCA 242, considered
Kerr v Queensland Rail [2007] QSC 402, applied

COUNSEL:

P V Ambrose SC with S Farrell for the plaintiff

R C Morton for the defendants

SOLICITORS:

Gabriel Ruddy & Garrett for the plaintiff

McCullough Robertson Lawyers for the defendants

[1]      Douglas J:  The plaintiff was a furniture removalist injured in an accident at work on 18 November 2005.  A walk board in the truck he was using was released accidentally by a fellow worker as the plaintiff was standing at the rear of the truck.  The board fell, pivoting on its base, and its top struck him heavily on the head.  The board weighed somewhere between 30 and 40 kgs. 

[2]      The plaintiff was born on 15 February 1954 and is 56 years of age. His life expectancy has been agreed at 29 years.  The defendant has admitted that the circumstances of the incident in which the plaintiff was injured were caused by its breach of duty. The amount of his damages remains in issue. 

Summary of the evidence

[3]      When the plaintiff was struck he fell to his knees and saw stars. He was bleeding and was taken to a medical clinic, then to the Royal Brisbane Hospital. He was discharged later that day, and returned to the truck. He did no more work that day. When the truck returned to Maryborough he remained in the sleeping compartment.  His symptoms became worse over the following weekend. He suffered from severe headaches, neck and shoulder pain, and deadness in his fingers. On the following Monday he attended his…