Lee v Dow

The plaintiff, Lee, sued the defendant, Dow, for damages arising from injuries sustained when Dow’s tractor reversed through a fence, causing Lee to be injured. The case was heard in the Supreme Court of Queensland. Lee sought compensation for the injuries and related costs, arguing that Dow was negligent in operating the tractor. Dow denied liability and claimed that any injuries were not a result of his actions.

The court was required to determine whether Dow breached his duty of care to Lee, whether the principle of res ipsa loquitur applied, and if the alleged warning was causatively relevant to Lee’s injuries. Additionally, the court needed to assess the extent of Lee’s injuries and the need for future care, to determine the appropriate quantum of damages.

The court found that Dow was indeed negligent in operating the tractor, as he failed to take reasonable care to avoid causing injury to Lee. The principle of res ipsa loquitur applied, as the incident was such that it did not occur without negligence. The court held that the alleged warning from Dow to Lee was not causatively relevant to the injuries sustained. The court assessed Lee’s injuries and concluded that he would require ongoing care, which was factored into the damages awarded.

The court ordered judgment for the plaintiff in the sum of $119,854.50, with the defendant to pay the plaintiff’s costs. The defendant was also granted liberty to apply in relation to costs, and the exhibits were to be returned after 28 days.