Lewis v Woolworths Limited

[2018] ACTSC 200

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Lewis v Woolworths Limited

Citation:

[2018] ACTSC 200

Hearing Dates:

5-8 June 2018

DecisionDate:

1 August 2018

Before:

Mossop J

Decision:

See [110]

Catchwords:

TORTS – NEGLIGENCE – Breach of duty admitted – whether defendant’s negligence caused harm – workplace accident – back pain following accident – aggravation of asymptomatic back condition – detrimental psychological impact of chronic pain – held workplace injury led to significant and long-term aggravation of back condition and with pain psychologically corrosive –significant uncertainty affecting assessment of damages – damages awarded – future economic loss assessed by way of a buffer

Legislation Cited:

Court Procedure Rules, r 1203, sch 1 cl 1.2(1)

Parties:

Jessica Lewis (Plaintiff)

Woolworths Limited (Respondent)

Representation:

Counsel

B Roberts SC and R Clynes (Plaintiff)

M Windsor (Respondent)

Solicitors

United Legal (Plaintiff)

King & Wood Mallesons (Respondent)

File Number:

SC 158 of 2017

MOSSOP J:

Introduction

1. The plaintiff was injured while working at the Big W store in Gungahlin which was operated by the defendant.  Breach of duty has been admitted.  This case is an assessment of damages.

Background

1. The plaintiff was born in 1996.  She attended Year 7 at Monaro High School in Cooma, Years 8 to 10 at Gold Creek High School and Years 11 and 12 at Gungahlin College.  While at school she worked as a casual employee at McDonald’s and Domino’s Pizzas.  In February 2013, she commenced work at Big W in its Gungahlin store.  She did not work set hours.  She was described as a “recovery associate” who would spend three hours returning items to the shelves and cleaning them up.

1. She completed Year 12 in November 2013.  In December of that year she was employed on a permanent part-time basis with Big W.  That employment required her to work a minimum number of hours with the option of working extra hours if they were offered.

1. Since Year 10 her ambition had been to become a paramedic.  The Australian Catholic University (ACU) offered a course specifically targeted at paramedics, namely a Bachelor of Paramedicine/Nursing.  She did not achieve a sufficiently high Australian Tertiary Admission Rank (ATAR) to get into this course.  However, she understood that she could do a science degree with anatomy units and then, if her results were adequate, transfer to other university courses.  In February 2014, she enrolled in a Bachelor of Medical Science at the University of Canberra but, prior to incurring any HECS-HELP (Higher Education Contribution Scheme-Higher Education Loan Program) debt, deferred her studies until the commencement of second semester.  She recommenced university in August 2014.

1. She completed her first semester of the Bachelor of Medical Science with two distinctions and a credit.  She withdrew from one unit.  She managed to do this whilst maintaining her employment at Big W which required her to work on Friday and for the full day on Saturday and Sunday.  She also regularly attended the gym, going five or six times a week.

1. She enrolled…