Larkin v Suncorp Staff Pty Ltd

[2013] QDC 28

DISTRICT COURT OF QUEENSLAND

CITATION:

Larkin v Suncorp Staff Pty Ltd [2013] QDC 28

PARTIES:

IAN DAVID LARKIN
(plaintiff)

and

SUNCORP STAFF PTY LTD
(defendant)

FILE NO/S:

D9/2011

DIVISION:

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Toowoomba

DELIVERED ON:

22 February 2013

DELIVERED AT:

Brisbane

HEARING DATE:

6 & 7 February 2013

JUDGE:

Samios DCJ

ORDER:

Judgment for the plaintiff against the defendant.

CATCHWORDS:

EMPLOYMENT LAW – Injury to employee – liability of employer – negligence

Thompson v Woolworths (Qld) Pty Ltd (2005) 221 CLR 234, 237

Vairy v Wyong Shire Council (2005) 223 CLR 422, 433, 461, 461-462

Webb v The State of South Australia (1982) 43 ALR 465, 466-467

Wyong Shire Council v Shirt (1980) 146 CLR 40, 47-8

COUNSEL:

Ms S D Anderson for the plaintiff

Mr Morton for the defendant

SOLICITORS:

Shine Lawyers for the plaintiff

McInnes Wilson for the defendant

1. On 15 April 2008 at his place of work Mr Larkin struck the inside of his right knee on a cupboard door handle.

1. Mr Larkin claims against his then employer Suncorp Staff Pty Ltd (“Suncorp”) damages for personal injuries and consequential loss.

1. The quantum of Mr Larkin’s claim is agreed.  However liability remains in issue.

1. Mr Larkin’s claim is based on an alleged breach of contract of employment and/or negligence on the part of Suncorp.

1. Mr Larkin was born on 2 December 1971.  He was 36 years of age when he struck his knee.  At the time he worked in Suncorp’s call centre in Toowoomba as an insurance sales officer. 

1. There is no dispute the premises contained three telephones from which employees were permitted by Suncorp to make outgoing telephone calls.  One of the telephones from which employees were permitted to make outgoing calls was situated on a bench top above a set of cupboards in one of the corridors.

1. It is also not in dispute:

(a)        The bench top on which the telephone rested stood approximately 90.5 centimetres from the floor.

(b)        The cupboards beneath the bench top were approximately 54 centimetres in height.

(c)        The handles fixed to the cupboard were approximately 46 centimetres from the floor.

(d)        The metal handles protruded approximately 3.8 centimetres from the door.  (Suncorp’s expert in his report states the handles protruded 3.9 centimetres from the door.  However, in my opinion nothing turns on the difference.)

(e)        The handles were rectangular in shape with right-angled edges.

1. When Mr Larkin gave evidence he said he used the phone on the bench.  He said it had been on the bench for about three weeks.  He said he placed the phone back on the hook and as he went forward to place it on the hook and turned to his left to go back towards his desk he ended up striking the inside of his right knee on the cupboard door handle.  He said he received treatment for his knee.

1. When Mr Larkin was cross-examined he accepted that there were about 300 filing cabinets in the call…