DISTRICT COURT OF QUEENSLAND
CITATION:
Pearce v Prescare [2020] QDC 149
PARTIES:
ULRIKE PEARCE
(plaintiff)
v
PRESCARE
(defendant)
FILE NO/S:
BD 397 of 2017
DIVISION:
PROCEEDING:
Trial
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
3 July 2020
DELIVERED AT:
Brisbane
HEARING DATE:
27 and 28 April 2020
JUDGE:
Jarro DCJ
ORDER:
Damages are assessed at $354,072.81.
CATCHWORDS:
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – GENERALLY – where the plaintiff claims damages for injuries suffered in the course of employment with the defendant – where liability is admitted - where quantum is in dispute.
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES FOR ACTION IN TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES - where the parties are in dispute as to the exact nature of the injuries sustained by the plaintiff – where it is the plaintiff’s case that she sustained a fracture of the left hip from the incident – where it is the defendant’s case that the plaintiff suffered a stress fracture involving the shaft of the left femur adjacent to the cement femoral component of a total left hip replacement – where the plaintiff has pre-existing medical conditions – the extent to which the plaintiff’s damages should be reduced in light of the plaintiff’s pre-existing conditions
Workers’ Compensation and Rehabilitation Act 2003
Workers’ Compensation Rehabilitation Regulation 2014
Dance v Jemeas Pty Ltd (No 2) [2019] QSC 303, applied
Hopkins v WorkCover Queensland [2004] QCA 155, followed
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638, cited
McQuitty v Midgley & Anor [2016] QSC 36, cited
Rodger v Johnson [2013] QSC 117, followed
COUNSEL:
J Sorbello for the plaintiff
B Charrington for the defendant
SOLICITORS:
Morton and Morton Solicitors for the plaintiff
Mullins Lawyers for the defendant
The plaintiff, Mrs Ulrike Pearce, seeks to recover damages as a result of being injured in her workplace on 2 August 2015. On that day, Mrs Pearce was performing her duties as an endorsed enrolled nurse at an Aged Care Facility operated by the defendant when she stumbled on a rise on a corridor floor and injured her left hip (“the incident”).
Liability has been admitted. The issue of quantum remains in dispute.
It is Mrs Pearce’s case that as a consequence of the incident, she suffered a fracture of the left hip. The defendant contends that the injury suffered by Mrs Pearce was a stress fracture involving the shaft of the left femur adjacent to the cement femoral component of a total left hip replacement.
The amount sought to be recovered by Mrs Pearce is $567,012.49 (clear of the WorkCover refund). The bulk of this amount relates to awards for past and future economic loss. The defendant submits an award of damages of $26,330.07 (clear of the WorkCover refund) is appropriate should I accept the proposition that the work related injury was of a temporary and short-term…
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- AGLC
- Pearce v Prescare [2020] QDC 149
- Case
- [2020] QDC 149
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the precise nature of the plaintiff’s injuries, and assessing the extent to which the damages should be adjusted for the plaintiff’s pre-existing medical conditions. The court had to weigh the evidence and arguments presented by both parties and decide on the appropriate measure of damages, considering the nature of the injuries, the plaintiff's pre-existing conditions, and their impact on the overall assessment of damages.
After evaluating the evidence and submissions, the court concluded that the plaintiff had indeed sustained a fracture of the left hip. However, the court also found that the plaintiff's pre-existing conditions were relevant to the assessment of damages. Taking these into account, the court determined that the total damages should be assessed at $354,072.81. This amount reflected a careful consideration of both the injuries sustained and the plaintiff's pre-existing medical history.
The court's final order was that damages be assessed at $354,072.81, reflecting the court's determination of the nature of the plaintiff's injuries and the impact of her pre-existing medical conditions on the overall quantum of damages.
Orders
Orders of the court
Damages are assessed at $354,072.81.
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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