Amos v Miki Stowers t/as Essy Tree Lopping Services
[2023] QDC 127 · Clare SC DCJ
Carolyn Amos was injured in her own yard when a branch being cut from a neighbouring tree struck the back of her right leg, propelling her forward onto her outstretched right arm. She suffered ongoing right shoulder, elbow and knee injuries with chronic pain. The tree lopper never took part in the case, so she obtained a default judgment and the court was left to assess how much she should be paid. Although she had been out of paid work for several years before the incident, the court accepted she had planned to return to care work and that her injuries cut her work capacity in half. She later developed unrelated lung cancer, which the court took into account by discounting her future earnings claim by 50%. The court awarded her a total of $465,702.15, with past loss of earnings being the largest component, plus payment of her legal costs. The judgment notes a typographical inconsistency in the final orders paragraph, but the assessed total was $465,702.15.
The court record indicated that the defendant was avoiding being served. Considering the defendant did not defend the claim nor appear at trial, it is unclear whether the defendant held appropriate insurance. Without insurance, the plaintiff may not be unable to actually recover the damages from the at-fault person.
Incident & injury
Struck by a branch lopped from a neighbouring tree while unlocking her gate, whipping the back of her right leg and propelling her forward onto an outstretched right arm.
Read the findings as text
- No exclusion zone. Branch cut over the fence.
- Default judgment. The lopper never appeared.
- $465,702 assessed. Recovery may be doubtful.
- Body regions
- Shoulder, Right shoulder, Right elbow, Right knee/popliteal fossa (Right)
- Diagnoses
- Aggravation of right subacromial bursitis with impingement, Injury to right common extensor origin (right elbow), Soft tissue injury to right popliteal fossa with chronic inflammation of hamstring tendon insertion
- Incident date
- 26 October 2015
- Location
- Plaintiff's yard (neighbouring tree lopping)
Quick facts
- Date of judgment
- 29 June 2023
- Claim type
- PIPA Public Liability
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~58 (inferred)
- Occupation
- Care support worker (part-time, seeking to return to workforce at time of injury) Community & Personal Service Worker
- Liability
- Disputed
- ISV assessed
- 8 uplift applied · Item 98 (Moderate Shoulder Injury)
- Total damages
- $465,702
Outcome
Following default judgment, the court assessed damages for the undefended plaintiff at $465,702.15 plus standard costs. The plaintiff, struck by a falling branch, established prima facie loss of earning capacity (reduced to 15 hours per week) and satisfied the gratuitous care thresholds, with a 50% discount applied to future economic loss to reflect her unrelated lung cancer.
Defendant
1 Miki Stowers t/as Essy Tree Lopping Services
Tree lopper / Tortfeasor
- Apportionment
- 100%
- Judgment against this defendant
- $465,702
Heads of damage
| General damages | $12,330 |
|---|---|
| Past economic loss | $187,923 |
| Past superannuation | $17,853 |
| Future loss of economic capacity | $77,005 |
| Future superannuation | $8,471 |
| Past care (Griffiths v Kerkemeyer) | $95,000 |
| Future care | $59,796 |
| Past special damages (plaintiff) | $3,275 |
| Future special damages | $4,050 |
| Subtotal before refunds | $465,702 |
Key issues
Amos v Miki Stowers t/as Essy Tree Lopping Services [2023] QDC 127
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.
Learn more about public liability claims in Queensland.