Tremble v Caboolture Commercial Motor Bodies Pty Ltd

In the Supreme Court of Queensland, Lance Cameron Tremble sued Caboolture Commercial Motor Bodies Pty Ltd for injuries sustained during his employment as an apprentice coach and motor body builder. Tremble alleged that three incidents exacerbated his back injury, leading to permanent disability. The first incident involved lifting a milk float body under the direction of Noel Rackley, the defendant's owner and manager. Tremble claimed to have suffered a herniated disc and soft tissue injury during this lift, which was supported by medical records and a workers' compensation claim. The second and third incidents involved operating a press to bend zinc sheets, which further aggravated his back injury.

The court had to decide if the defendant breached its duty of care to Tremble, particularly in light of the lifting incident and the subsequent use of the press. The court found that the first incident involved an unsafe lifting method without proper equipment or training, which directly caused Tremble's initial injury. The subsequent incidents exacerbated this injury, as the defendant failed to provide adequate assistance or safer equipment, despite knowing about Tremble's prior injury. The court concluded that the defendant's negligence in not providing proper lifting instructions and assistance led to Tremble's ongoing disability.

The court awarded Tremble damages for pain, suffering, loss of amenities, past and future economic loss, and other costs. The total damages, after deducting workers' compensation benefits, amounted to $563,586.18. This judgment recognises the defendant's liability for Tremble's injuries and the long-term impact on his life and career.