Pethtel v Thor Plastics Pty Ltd

[2004] QDC 462

DISTRICT COURT OF QUEENSLAND

CITATION:

Pethtel v Thor Plastics Pty Ltd [2004] QDC 462

PARTIES:

CLYDE MALCOLM PETHTEL

Plaintiff

v

THOR PLASTICS PTY LTD

Defendant

FILE NO/S:

D1822/01

DIVISION:

PROCEEDING:

Trial

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

12 November 2004

DELIVERED AT:

Brisbane

HEARING DATE:

20, 21 July 2004

JUDGE:

McGill DCJ

ORDER:

Judgment that the defendant pay the plaintiff $92,459.

CATCHWORDS:

DAMAGES – Personal injuries – hand – 10 percent impairment – pain – psychological effect.

COUNSEL:

J W Lee for the plaintiff
R C Morton for the defendant

SOLICITORS:

Goodfellow & Scott solicitors for the plaintiff
Moray and Allen solicitors for the defendant.

1. The plaintiff claims damages for personal injury suffered by him in the course of his employment on 18 April 1998, when his left hand became caught in a piece of machinery within a pipe extruder production line.  The machinery was like two conveyor belts facing each other, and the whole of the plaintiff’s left hand up to his wrist was trapped between them and crushed.[1]  Liability was not disputed, and it is necessary only to assess the plaintiff’s damages.  Essentially the issue in relation to damages was as to economic loss.  There was agreement on special damages, but general damages are also in issue, so I need to say something about the nature and consequences of the plaintiff’s injury.

[1]Plaintiff p.24;  his diagram of the machinery involved is Exhibit 12.  Even his wristwatch was crushed:  p.25.

Medical evidence

1. Following the accident the plaintiff went to the Wesley Emergency Centre where he was seen by Dr Egarr who found that the plaintiff had suffered a three centimetre split laceration between the thumb and the index finger, and alongside the index finger, from which muscle was bulging.  There were abrasions and bruising over the dorsum of the hand, and an x-ray revealed a fracture of the end of the ulnar bone, and possible flake fracture of the small bones of the hand.  He must have been suffering considerable pain, because he was given morphine, and other emergency medication, and admitted to hospital where he was reviewed by a specialist in hand surgery, Dr Carney.

1. Dr Carney saw him the same day, and subsequently operated on him, closing the wound and immobilising the hand in plaster:  Exhibit 6.  He was in hospital for about three days:  Exhibit 10.  In May 1998 Dr Carney thought the plaintiff might be able to resume work in a light duties capacity (Exhibit 2), but this was not satisfactory as his hand swelled significantly, and he had to stay off work again for a time:  Exhibit 3.  Some time after discharge he attended the Belmont Hand Therapy Unit, receiving some rehabilitation:  Exhibit 3.  In a letter to WorkCover on 19 June 1998 Dr Carney said that the plaintiff had suffered very severe damage to the intrinsic muscles of the hand, and noted that his grip strength was not sufficient to allow him to go back to full duties:  Exhibit 4.  By 26…