Sharp v Cairns Regional Council - [2013] QDC 14

DISTRICT COURT OF QUEENSLAND

CITATION:

Sharp v Cairns Regional Council [2013] QDC 14

PARTIES:

RAYMOND SHARP
(Plaintiff)
v
CAIRNS REGIONAL COUNCIL
(Defendant)

FILE NO:

195 of 2011

DIVISION:

Civil

PROCEEDING:

Claim

ORIGINATING COURT:

District Court, Cairns

DELIVERED ON:

6 February 2013

DELIVERED AT:

Cairns

HEARING DATE:

19-20 November 2012 and 25 January 2013

JUDGE:

Everson DCJ

ORDER:

That the defendant pay the plaintiff $51,553.35.

CATCHWORDS:

PERSONAL INJURY – LIABILITY - QUANTUM OF DAMAGES - BREACH OF DUTY- DUTY OF CARE - where plaintiff was injured in a work accident - where plaintiff sustained severe injuries to his left hand - where injury suffered to ring and little fingers- whether defendant breached duty of care to provide safe system of work - employment as a gardener mowing a median strip - whether witches hats and signs should have been used.

McLean v Tedman (1984) 155 CLR 306
Wyong Shire Council v Shirt (1980) 146 CLR 40

COUNSEL:

Mr R.A Myers
Mr W.D Campbell

SOLICITORS:

Shine Lawyers for the plaintiff
Bruce Thomas Lawyers for defendant

Introduction

In this proceeding the plaintiff claims damages for personal injuries sustained when, in the course of his employment as a gardener with the defendant, he injured his left hand while operating a lawn mower in Sheridan Street Cairns on 20 May 2009.

Liability

The plaintiff gave evidence that early in the afternoon of 20 May 2009 he was mowing the narrow median strip in Sheridan Street adjacent to Munro Martin Park when he noticed that a spring had become detached from the top of the deck of the mower. Believing that it was a hazard he leaned forward and to his left to pick it up. As he did so a car horn sounded which he “perceived was very close”, startling him.[1] This caused his right hip to impact on the left side of the handle of the mower and push the mower to the left and over his left hand resulting in partial amputations of his ring and little fingers (“the incident”).
[1] T1-91 lines 15-20

At the time of the incident the plaintiff was mowing in a northerly direction. An Accident Investigation Report commissioned by the defendant records that it occurred “less than 1.2m from the traffic travel path”.[2] Initially the plaintiff gave evidence that the car horn had sounded from behind him, however under cross examination he conceded that at the time the incident occurred he was looking straight down and that he had no idea of the direction of travel or precise location of the vehicle in question.[3]
[2] Ex 2, Annex I
[3] T1-92 lines 1-10

On 25 January 2013 I gave the defendant leave to reopen its case and call further evidence relating to the incident. Following a media report of the case, Mr Monteforte, an insurance broker who had worked in the vicinity, approached the defendant’s solicitor after the trial initially concluded. He gave evidence that he witnessed the incident from the western footpath of Sheridan Street to the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Sharp v Cairns Regional Council

Details

AGLC: Sharp v Cairns Regional Council [2013] QDC 14
Case: [2013] QDC 14
Decision Date: 6 February 2013

CaseChat Overview and Summary

The case of Sharp v Cairns Regional Council involved the plaintiff, who was employed by the defendant as a gardener, sustaining severe injuries to his left hand while mowing a median strip. The injuries included significant damage to his ring and little fingers. The plaintiff sought compensation for the injuries, arguing that the defendant had breached its duty of care by failing to provide a safe system of work and by not using witches hats and signs to warn of the mowing activities. The defendant, on the other hand, contended that it had taken reasonable steps to ensure safety and that the plaintiff's injuries were a result of his own negligence.

The primary legal issues before the court were whether the defendant had breached its duty of care by failing to provide a safe system of work and whether the use of witches hats and signs would have mitigated the risk of injury. The court had to determine if the defendant's actions, or lack thereof, fell below the standard of care expected of a reasonable employer under the circumstances. Additionally, the court needed to assess the appropriate quantum of damages to be awarded to the plaintiff for his injuries.

The court found that the defendant had indeed breached its duty of care by not ensuring a safe system of work. The court held that the use of witches hats and signs would have been reasonable measures to prevent the plaintiff from sustaining injuries. It was determined that the defendant's failure to implement these measures contributed to the plaintiff's injuries. As for the quantum of damages, the court awarded the plaintiff $51,553.35, considering the severity of his injuries and the impact on his ability to work.

The court's final orders were that the defendant pay the plaintiff the sum of $51,553.35 in compensation for his injuries. This amount reflected the court's assessment of the damages attributable to the defendant's breach of duty of care.

Orders

Orders of the court

That the defendant pay the plaintiff $51,553.35.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Sharp v Cairns Regional Council [2013] QDC 14
PARTIES:	RAYMOND SHARP (Plaintiff) v CAIRNS REGIONAL COUNCIL (Defendant)
FILE NO:	195 of 2011
DIVISION:	Civil
PROCEEDING:	Claim
ORIGINATING COURT:	District Court, Cairns
DELIVERED ON:	6 February 2013
DELIVERED AT:	Cairns
HEARING DATE:	19-20 November 2012 and 25 January 2013
JUDGE:	Everson DCJ
ORDER:	That the defendant pay the plaintiff $51,553.35.
CATCHWORDS:	PERSONAL INJURY – LIABILITY - QUANTUM OF DAMAGES - BREACH OF DUTY- DUTY OF CARE - where plaintiff was injured in a work accident - where plaintiff sustained severe injuries to his left hand - where injury suffered to ring and little fingers- whether defendant breached duty of care to provide safe system of work - employment as a gardener mowing a median strip - whether witches hats and signs should have been used. McLean v Tedman (1984) 155 CLR 306 Wyong Shire Council v Shirt (1980) 146 CLR 40
COUNSEL:	Mr R.A Myers Mr W.D Campbell
SOLICITORS:	Shine Lawyers for the plaintiff Bruce Thomas Lawyers for defendant