Norsgaard v Aldi Stores (A Limited Partnership)

DISTRICT COURT OF QUEENSLAND

CITATION:

Norsgaard v Aldi Stores (A Limited Partnership) [2022] QDC 260

PARTIES:

LUCY VICTORIA NORSGAARD

(plaintiff)

v

ALDI STORES (A LIMITED PARTNERSHIP)

(ABN 90 196 565 019)

(defendant)

FILE NO:

1872/21

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court of Queensland

DELIVERED ON:

22 November 2022

DELIVERED AT:

Brisbane

HEARING DATE:

13 – 15 July and 5 August 2022

JUDGE:

Jarro DCJ

ORDER:

Judgment for the plaintiff in the amount of $157,767.71.

CATCHWORDS:

TORTS – NEGLIGENCE – BREACH OF DUTY – where the plaintiff was employed by the defendant as a store person – where the plaintiff sustained an injury to the lumbar spine – where it is the plaintiff’s case that the injury was a consequence of the defendant failing to adequately train the plaintiff in manual handling techniques, an activity which the plaintiff says carried with it a clear risk of injury – whether adequate practical & module manual handling training was conducted.

DUTY OF CARE – employer’s liability – unnecessary risk of foreseeable injury – whether employer took reasonable steps to provide a safe place of work and a safe system of work – Workers' Compensation and Rehabilitation Act 2003 (WCRA) ss. 305B & 305C – whether duty of care has been breached under s. 305B of the WCRA.

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES

LEGISLATION:

Workers’ Compensation and Rehabilitation Act 2003 Qld ss. 305, 305B & 305C

Workers’ Compensation and Rehabilitation Regulation 2014 Qld Sch 8

CASES:

COUNSEL:

R J Lynch and N I Congram for the plaintiff

S McNeil for the defendant

SOLICITORS:

Kartelo Law for the plaintiff

BT Lawyers for the defendant

1. The plaintiff in this matter seeks recovery of damages for injuries said to have been sustained in the course of her employment, as a store person, with the defendant on 28 June 2019.  Both liability and quantum are in dispute.  For the reasons that follow, it is my view that liability has been proven and the plaintiff’s damages are assessed in the amount of $157,767.71.

Background

1. In around May 2018, the plaintiff commenced part-time employment as a store person at the defendant’s store in the suburb of Brassall.  As part of her duties, she was required to undertake the unloading and stacking of stock from what is known as an “ambient pallet”.  That task, she says, was required to be completed in no more than 20 minutes. 

2. It is largely not in contest what occurred on the day the plaintiff injured herself.  At approximately 7:55 pm on 28 June 2019, in aisle 6 of the Aldi Brassall store, the plaintiff was required to undertake the unloading and stacking of stock from an ambient pallet.  She lifted three cardboard trays from the pallet.  Each cardboard tray had 12 tins of canned tomatoes which weighed approximately five kilograms, such that the plaintiff was lifting approximately 15 kilograms in total.  As she performed the lift, she was bent over at the waist and her trunk was…