Powell v State of Qld

SUPREME COURT OF QUEENSLAND

CITATION:

Powell v State of Qld [2001] QSC 008

PARTIES:

DENNIS GRAHAM POWELL
(plaintiff)
v
STATE OF QUEENSLAND
(defendant)

FILE NO:

SC No 21 of 1999 Maryborough

DIVISION:

Trial Division

PROCEEDING:

Civil Trial

DELIVERED ON:

31 January 2001

DELIVERED AT:

Brisbane

HEARING DATE:

15, 16, 17 August and 4 October 2000

JUDGES:

Atkinson J

ORDER:

The defendant pay the plaintiff damages in the sum of $323,577.28

CATCHWORDS:

EMPLOYMENT LAW – INJURY OF EMPLOYEE – SAFE SYSTEM OF WORK – NEGLIGENCE – PERSONAL INJURIES – DAMAGES – trial seeking damages for personal injuries where plaintiff/orderly severely injured back when emptying bag of linen into dumpster – whether degenerative disc disease actual cause of damage – damages assessed.

MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657, considered Jackson v Bagwell [1992] 2 Qd R 390, followed
Camm v Salter [1992] 2 Qd R 342, followed
Cullen v Trappell (1980) 146 CLR 1, followed
Fox v Wood (1981) 148 CLR 438, followed
Knight v Breakwater Island Resort Pty Ltd (SC No 25 of 1991, 24 April 1995), followed 
Dametto v Wishart (SC No 112 of 1994, 1 April 1996), followed

Griffiths v Kerkemeyer (1977) 139 CLR 161, followed

Kars v Kars (1996) 187 CLR 354, followed

Brown v Hale [1996] 1 Qd R 234, followed
Grincelis v House (1998) 156 ALR 443, followed

COUNSEL:

JR Webb for the plaintiff

MT O’Sullivan for the defendant

SOLICITORS:

Suthers Lawyers for the plaintiff
Hunt & Hunt for the defendant

1. ATKINSON J:  This is an action by Dennis Graham Powell claiming damages for personal injuries he suffered during his employment at the Maryborough Base Hospital on or about 1 January 1997.  The plaintiff claims that the personal injuries he suffered were caused by the negligence and/or breach of duty and/or breach of statutory duty and/or breach of contract of the Wide Bay Regional Health Authority.

1. Mr Powell was born on 27 August 1957.  He left school in 1974 after completing grade 10.  He then obtained employment at Walkers Limited in Maryborough where he worked for three years as a trades assistant.  For about a year after that he worked for L&D Builders as a labourer.  Mr Powell then moved to Rockhampton where, for approximately 12 years, he worked firstly as a builder’s labourer and then as a sub-contract carpenter.  In 1995, Mr Powell left Rockhampton and returned to Maryborough to work at the Morex Meatworks for about one year.  He left that employment following the shutdown of the meatworks and started working at the Maryborough Base Hospital.

1. Mr Powell commenced working at the Maryborough Base Hospital as an orderly on or about 11 November 1996. He participated in orientation until 13 November 1996 and commenced formal ward duties on or about 18 November 1996.

1. The incident which is the subject of the proceeding occurred on 1 January 1997.  Mr Powell was 39 years old at this time.  On that day, Mr Powell completed an accident…