Martin v Golding Contractors Pty Ltd

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

1. 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.

1. 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.”

1. 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…