Weightman v Noosa Shire Council

SUPREME COURT OF QUEENSLAND

CITATION:

Weightman v Noosa Shire Council & Ors [2001] QSC 300

PARTIES:

ROGER GEORGE WEIGHTMAN
(plaintiff)
v
NOOSA COUNCIL
(defendant)
GRETA GWENYTH RULE as executrix of the estate of the late JAMES ALFRED RULE (deceased)
(third party)
MUNICIPAL MUTUAL INSURANCE LIMITED
(fourth party)

FILE NO/S:

S 1348 OF 1994

DIVISION:

Trial Division

PROCEEDING:

Civil Trial

ORIGINATING COURT:

Brisbane

DELIVERED ON:

17 August 2001

DELIVERED AT:

Brisbane

HEARING DATE:

23-24 April 2001

JUDGE:

Philippides J

ORDER:

Judgment for the plaintiff against the defendant for $571,843

CATCHWORDS:

DAMAGES -  personal injury - plaintiff run over by grader -  quantum – post traumatic stress disorder - loss of earnings -  pain and suffering

Grincelis v House (2001) 201 CLR 321
Larkin McDonald v Mahoney, [1992] QCA 163 unreported, CA 24.6.92
Mahoney v GEC [1994] 1 Qd R 397
Mott v FAI [2000] Qd R 34
Serisier Investments Pty Ltd v English [1989] 1 Qd R
Van Gervan v Fenton (1992) 175 CLR 327

COUNSEL:

S Williams QC with him A J Williams for plaintiff
J Douglas QC with him R Morton for defendant
T North SC with him R Dickson for third party

SOLICITORS:

R P McCormick & Co for plaintiff
Heiser Bayly Mortenson for defendant
Sparke Helmore for third party

1. PHILIPPIDES J:  This is an action brought by the plaintiff, in respect of an accident which occurred on 5 December 1991, whilst the plaintiff was carrying out work on behalf of the defendant in his capacity as a labourer, at a work site known as Eenie Creek Road, adjacent to the Noosa/Eumundi Road. The plaintiff was born on 19 December 1945 and at the time of the accident was 45 years of age. He is now aged 55.

1. The only matter outstanding for determination is one of the quantum of damages which the plaintiff is entitled to recover, all matters of liability, including the liability of the third and fourth parties, having been resolved.

1. The plaintiff was assisting in the construction of a concrete dish drain into a stormwater pit.  He was run over by a large grader being driven at the site by another employee of the defendant, one James Alfred Rule.  The grader ran over his left ankle, thigh and lower abdomen, the plaintiff being pinned on his back for some time.  As a result of the accident, the plaintiff claims to have sustained orthopaedic and psychiatric injuries as follows:

(a)        crush type injury to his left groin;

(b)        crush type injury to his left thigh;

(c)        crush type injury to the lower limb involving compound fractures to his talus and a fracture dislocation of his fourth and fifth metacarpals at the level of the metacarpal cuneiform joint;

(d)        back injury;

(e)        left knee injury;

(f)        severe bruising and lacerations;

(g)        severe scarring;

(h)        depression and post traumatic stress disorder (PTSD); and

(i)         shock.

Medical Evidence

Orthopaedic Evidence

1. The plaintiff was treated at the Nambour General Hospital on 5 December 1991 for a fracture of…