Rigby v James Wren Holdings Pty Ltd

DISTRICT COURT OF QUEENSLAND

CITATION:

Rigby v James Wren Holdings Pty Ltd & Anor [2004] QDC 207

PARTIES:

CYNTHIA LORETTA RIGBY
Plaintiff
v
JAMES WREN HOLDINGS PTY LTD
First Defendant
And
J BLACKWOOD & SON LIMITED
Second Defendant

FILE NO/S:

1752/99

DIVISION:

Civil Jurisdiction

PROCEEDING:

Claim for personal injuries

ORIGINATING COURT:

Brisbane

DELIVERED ON:

13 July 2004

DELIVERED AT:

Brisbane

HEARING DATE:

8,9,10,11 and 12 March 2004

JUDGE:

Rackemann DCJ

ORDER:

Judgment for the defendants

CATCHWORDS:

NEGLIGENCE – personal injury claim – plaintiff injured by fall down stairs at commercial premises – alleged that fall caused by unsecured mat in mat well at top of stairs – whether failure to  secure mat a breach of a duty of care by landlord and/or tenant.

DAMAGES – personal injury claim – where plaintiff suffered pre-existing degenerative condition – damages limited.

Cases referred to:

Wilkinson v. Law Courts Ltd [2001] NSWCA 196

Hopkins v WorkCover Queensland (2003) QSC 257

COUNSEL:

Mr R Peterson with Mr J Stevens for the plaintiff

Mr D J Kelly for the first defendant

Mr P Lane for the second defendant

SOLICITORS:

Bushnells Lawyers for the plaintiff

Gadens Lawyers for the first defendant

Barry & Nilsson Lawyers for the second defendant

1. The plaintiff claims damages for personal injuries suffered as a result of an incident which occurred on 17 June 1996 when she fell down a set of stairs at the front entrance of premises occupied by the second defendant as lessee and owned by the first defendant.

1. Both liability and quantum were in issue.

Liability

1. The stairs consist of seven steps of masonry construction with terracotta tiles.  The stairs lead to a landing, of similar construction, immediately outside the front entrance.  The landing features a yellow perforated synthetic mat of lightweight construction on supports within a brass edged mat well.  The plaintiff claims to have tripped on the leading brass edge, causing the fall which resulted in her injuries.

1. On the day in question the plaintiff attended the site in the course of her employment with a supplier of the second defendant, in order to conduct product training.  It was not the first time she had done so.  Her evidence was that she arrived in the car park just after 4 o’clock in the afternoon, grabbed her bags out of the car, walked up the stairs, across the landing and into the premises to prepare for the training session.  As she went through her material she realised that she had left brochures relating to new products in another bag in the back seat of her car and so proceeded to walk out the door and across the landing to descend the stairs to return to her car.

1. Her evidence was that, as she proceeded out of the door, she was wary of where she was placing her foot, relative to the mat, because she had previously observed it to be worn and buckled.  Her intention was to place one foot on a reasonably level part of the mat…