SUPREME COURT OF QUEENSLAND
CITATION:
Clarricoats v JJ Richards & Sons Pty Ltd [2017] QSC 214
PARTIES:
JOSHUA BENJAMIN CLARRICOATS
(Plaintiff)
v
JJ RICHARDS & SONS PTY LTD
(Defendant)
FILE NO/S:
S615 of 2015
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court at Rockhampton
DELIVERED ON:
29 September 2017
DELIVERED AT:
Rockhampton
HEARING DATE:
17, 18, 19, 20, 21 July 2017.
JUDGE:
McMeekin J
ORDER:
Judgment for the Defendant
CATCHWORDS:
TORTS – NEGLIGENCE – GENERALLY – where plaintiff claims damages for injuries suffered in the course of employment with the defendant – where both liability and quantum of damages are in contention
TORTS – NEGLIGENCE – BREACH OF DUTY – where the plaintiff alleges the defendant breached their duty of care in instructing the plaintiff to drive the truck with the defective seat – where it is alleged that the plaintiff’s back injury occurred in the course of that drive – where the defendant argues that the decision to direct the plaintiff to drive the vehicle from Moranbah was a reasonable one in the light of the information they had at that time – whether the decision to direct the plaintiff to drive the truck with inoperative air suspension under the driver’s seat involved a breach of the duty of care admittedly owed
TORTS – NEGLIGENCE – CAUSATION – where the pleaded case included the initial collapse of the seat as causative of the injury – where the plaintiff alleges that the injury suffered was caused by the employer requiring him to drive from Moranbah to his home depot at Clermont after the shock absorber of the driver’s seat broke away from its mounting bracket – where the defendant contends that the injury was sustained at the time that the seat collapsed, not on the drive to Clermont – whether the injury was caused by the forces impacting on the plaintiff’s spine during the return drive
TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – GENERALLY – where the defendant claims the plaintiff was contributorily negligent – whether there is anything the plaintiff could have done to avoid the injury – whether the plaintiff was contributorily negligent and what apportionment should be allotted
TORTS – NEGLIGENCE – DAMAGES – GENERAL DAMAGES – where assessment is considerably clouded by plaintiff’s exaggeration of his symptomatology to the medical practitioners – where the claimed disabilities as explained to the medical practitioners and what is seen on the surveillance footage is stark – where a number of expert medical practitioners determined that they could not support any continuing disability that fell within their respective disciplines following their viewing of the surveillance material – whether the views of the expert medical practitioners overlooked certain objective evidence – whether the plaintiff suffers an ongoing disability
TORTS – NEGLIGENCE – DAMAGES – PAST ECONOMIC LOSS – FUTURE ECONOMIC LOSS – where the plaintiff was only employed by the defendant for a few months prior to the incident occurring – where the plaintiff was kept on at the workplace…
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- Case
- [2017] QSC 214
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the defendant breached its duty of care by directing the plaintiff to drive the truck with the defective seat. The plaintiff claimed that the injury occurred on the drive back to Clermont, while the defendant argued that the injury was sustained when the seat collapsed. The court needed to assess the reasonableness of the defendant's decision to instruct the plaintiff to drive the vehicle, considering the information available at the time. Additionally, the court had to evaluate the plaintiff's contributory negligence, considering if there was anything he could have done to avoid the injury. Finally, the assessment of damages was complicated by the plaintiff's alleged exaggeration of his symptoms, which raised questions about the existence and extent of any ongoing disability.
The court found that the defendant did not breach its duty of care by directing the plaintiff to drive the truck with the defective seat, as this decision was reasonable given the circumstances and information available at the time. The court also determined that the plaintiff was not contributorily negligent in the circumstances. Regarding causation, the court concluded that the plaintiff's injury was not caused by the return drive but rather by the initial collapse of the seat. The assessment of damages was further complicated by the plaintiff’s exaggeration of symptoms. The court found that the plaintiff did not suffer from any ongoing disability and thus awarded no damages.
Judgment was entered in favour of the defendant, with no damages awarded to the plaintiff.
Orders
Orders of the court
Judgment for the Defendant
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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