SUPREME COURT OF QUEENSLAND
CITATION:
Martin v Golding Contractors Pty Ltd [2014] QSC 53
PARTIES:
Jodie Maree Martin
(Plaintiff)
v
Golding Contractors Pty Ltd
(ACN 009 734 794)
(Defendant)
FILE NO:
S35/11
DIVISION:
Trial
PROCEEDING:
Civil
ORIGINATING COURT:
Mackay
DELIVERED ON:
27 March 2014
DELIVERED AT:
Townsville
HEARING DATE:
19, 22 and 23 July 2013; last submissions 31 July 2013
JUDGE:
North J
ORDER:
1. Judgment for the plaintiff against the defendant for $1,415,094.09
2. The defendant pay the plaintiff’s costs of and incidental to the action from 12 April 2011 to be assessed on the standard basis.
CATCHWORDS:
DAMAGES – PERSONAL INJURIES– QUANTUM – where plaintiff suffered personal injuries in workplace accident at mine – where liability admitted – assessment of damages – where
assessment of general damages, past and future economic
loss in issue
LEGISLATION:
Workers’ Compensation Rehabilitation Act 2003, ss 308, 308A-308E
CASES:
Koven v Hail Creek Coal Pty Ltd [2011] QSC51
Phillips v M C G Group Pty Ltd [2013] QCA 83
COUNSEL:
G. Crow QC for the plaintiff
G. O’Driscoll for the defendant
SOLICITORS:
Taylors Solicitors for the plaintiff
McCullough Robertson Lawyers for the defendant
The plaintiff claims damages for personal injury sustained in the course of employment with the defendant. The defendant has admitted liability for the accident and the issue for my determination is the quantum of damages recoverable. An aspect of that involves the resolution of a dispute between the plaintiff and the defendant of the nature and extent of the injuries sustained by the plaintiff.
The accident occurred on 27 March 2009. The plaintiff was then 23 years of age (d.o.b. 17 July 1985) and was 28 years of age at the time of trial. At the time the plaintiff was employed by the defendant as a truck driver at the “Ensham Mine” (a coal mine) near Emerald in Queensland. In her statement of claim the plaintiff alleges that as a result of the accident at work she sustained[1]
[1] Amended statement of claim filed 17 May 2011; para 6.
“(a) an injury to her cervical spine which has been diagnosed as a C5/C6 disc prolapse causing severe cervical spine pain and headaches;
(b) a soft tissue injury to the thoracic spine causing thoracic spinal pain;
(c) a soft tissue injury to the lumbo sacral spine including a L4/5 disc prolapse causing lumbar spinal pain.”
For reasons that will become apparent the circumstances of the accident are relevant to the resolution of the issues of what injuries the plaintiff sustained as a result of her workplace accident. Much of the plaintiff’s evidence-in-chief was given in written form being an affidavit sworn by the plaintiff and tendered into evidence through her when she gave oral evidence at the trial.[2] In the statement the plaintiff said, concerning the accident:[3]
[2] Exhibit 1.
[3] Exhibit 1, paras 40, 41 and 42.
“40. At the time that I sustained my injuries, I was reversing a large mining dump truck in order to maneuver (sic) it…
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- Case
- [2014] QSC 53
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the valuation of non-economic losses such as pain and suffering, loss of amenities, and the reduction in life expectancy. The court also considered economic losses, including past and future loss of income, medical expenses, and the cost of domestic assistance. The court applied established principles for assessing damages in personal injury cases, taking into account the specific circumstances of the plaintiff's injuries and their long-term effects. The court's reasoning focused on ensuring that the award reflected the true extent of the plaintiff's injuries and their impact on his life, while balancing fairness and precedent.
After evaluating the evidence and applying relevant legal principles, the court determined that the plaintiff was entitled to a total of $1,415,094.09 in damages. This sum included compensation for pain and suffering, loss of amenities, reduced life expectancy, past and future loss of income, and medical expenses. The court also ordered the defendant to pay the plaintiff's costs of the action from 12 April 2011, to be assessed on the standard basis.
Orders
Orders of the court
1. Judgment for the plaintiff against the defendant for $1,415,094.09
2. The defendant pay the plaintiff’s costs of and incidental to the action from 12 April 2011 to be assessed on the standard basis.
Background
Background to the litigation
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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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