Sally Alanna McKay v Crowther

Sally Alanna McKay, the plaintiff, sought compensation from Crowther, the defendant, for injuries sustained while working as an assistant nurse at the defendant's Nursing Home. The plaintiff alleged that she had previously been diagnosed with spinal kyphosis and claimed that the defendants breached their duty of care by failing to provide a safe working environment. The case was heard in the Supreme Court of New South Wales.

The court was required to determine whether the defendants were negligent in their duty of care and, if so, whether the plaintiff's injuries were a direct result of that negligence. The court also had to consider whether there was a sufficient nexus between the plaintiff's work practices and the pain and suffering experienced, particularly in light of the conflicting medical evidence presented.

The court found that the plaintiff failed to establish that the defendants were negligent in their duty of care, and that there was insufficient evidence to demonstrate a causal link between the plaintiff's work practices and the pain and suffering experienced. The court relied on the precedent set in McGhee v National Coal Board and Sherman v Nymboida Collieries Pty Limited to determine the appropriate measure and remoteness of damages. The court concluded that the plaintiff was unable to prove causation, and therefore, the plaintiff's claim was dismissed. The defendants were awarded costs to be assessed.

The court's judgement resulted in a dismissal of the plaintiff's claim for damages, and an order for the plaintiff to pay the defendant's costs.