Selman v Cyrus Gold

In the Supreme Court of Queensland, Ali Selman (the plaintiff) sued Cyprus Gold Australia Corporation (the defendant) for personal injuries sustained while working as an underground miner at Selwyn mine. The plaintiff alleged that he was injured when his left foot was crushed between a stanchion on the truck he was driving and the wall of the tunnel. The court was required to determine whether the defendant was negligent or breached statutory duties that caused the plaintiff's injury. The court found that the plaintiff's evidence was not credible and that he had given a false account of the events leading to his injury. However, the court found that the defendant had breached statutory duties under Regulations 7.1.1(a) and 7.4.1(e) of the Metalliferous Mining Regulations of 1985 by not sufficiently fencing or guarding the cabin of the truck to prevent the plaintiff's left foot from being put outside. The court also found the plaintiff guilty of contributory negligence and apportioned responsibility between the plaintiff and the defendant as 60% to the plaintiff and 40% to the defendant. The court assessed the plaintiff's damages for pain, suffering, loss of amenities of life, loss of income, loss of future earning capacity, past Griffiths v. Kerkemeyer damages, special damages, and future expenses. The court gave judgment for the plaintiff for the sum of $262,115.61.