Anderson v Claytons Towing Service Pty Ltd & Ors
[2026] QSC 26 · Copley J
Colin Anderson was a tow truck driver who was seriously hurt in August 2019 while preparing to tow a broken-down Mitsubishi bus on a Queensland highway. While Anderson was lying underneath the bus, the bus owner released the handbrake (despite being explicitly told not to), causing the bus to roll forwards off wooden blocks and crush Anderson's chest. Anderson suffered multiple rib fractures, intercostal nerve damage, a serious chest injury requiring a permanent spinal cord stimulator, spinal soft tissue injuries, and PTSD. His employer, Claytons Towing, admitted it had a defective system of work that did not require both handbrake application and wheel chocking. The court also found the bus owner negligent and held that the injury was caused by the bus 'running out of control' under the Motor Accident Insurance Act, making the Victorian CTP insurer (Transport Accident Commission) liable. The two defendants were found equally responsible, with no contributory negligence on the plaintiff's part. The court entered judgment for about $546,000 against Claytons Towing and about $1.97 million against the TAC. A third-party indemnity claim by the bus owner against the Queensland insurer Allianz was dismissed.
Incident & injury
Plaintiff was under a bus preparing to attach towing equipment when the handbrake was released by the bus owner (second defendant), causing the bus to roll forwards off wooden blocks; the spare tyre under the bus came into contact with the plaintiff's chest and abdomen
- Body regions
- Chest / thorax, Chest, Thoracolumbar spine, Psychiatric
- Diagnoses
- Multiple rib fractures, Intercostal nerve damage, Bruising to left kidney, Soft tissue injury to thoracolumbar spine, Post-Traumatic Stress Disorder, Chronic pain requiring spinal cord stimulator
- Incident date
- 11 August 2019
- Location
- Burnett Highway near Ban Ban Springs, Queensland
Quick facts
- Date of judgment
- 5 March 2026
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~53 (inferred)
- Occupation
- Tow truck driver Machinery Operator / Driver
- Liability
- Partial
- ISV assessed
- 41 uplift applied · Item 37 Serious Chest Injury (WCRR Schedule 9)
- Whole Person Impairment
- 21%
- Total damages
- $2,517,050
Outcome
The plaintiff, a tow truck driver employed by the first defendant, was seriously injured when a bus rolled off wooden blocks while he was underneath it preparing to tow it, due to the bus owner (second defendant) releasing the handbrake despite clear instructions not to. The court found liability against both the employer (admitted breach of a defective work system) and the third defendant (TAC, the Victorian CTP insurer indemnifying the bus owner) on a 50/50 apportionment with no contributory negligence, resulting in judgments of $546,175.09 against the first defendant and $1,970,874.41 against the third defendant (TAC), with the third party notice against Allianz dismissed.
Defendants (2)
1 Claytons Towing Service Pty Ltd
Employer
- Apportionment
- 50%
- Judgment against this defendant
- $546,175
- WorkCover refund
- $303,177
Heads of damage
| General damages | $101,500 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $436,120 |
| Interest on past EL | $61,979 |
| Past superannuation | $58,333 |
| Future loss of economic capacity | $320,000 |
| Future superannuation | $38,400 |
| Past care (Griffiths v Kerkemeyer) | $0 |
| Interest on past care | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $237,544 |
| Interest on past special damages | $8,254 |
| Future special damages | $95,158 |
| Fox v Wood | $38,239 |
| Subtotal before refunds | $1,395,527 |
2 Transport Accident Commission
CTP Insurer
- Apportionment
- 50%
- Judgment against this defendant
- $1,970,874
- WorkCover refund
- $0
Heads of damage
| General damages | $110,000 |
|---|---|
| Interest on general damages | $7,216 |
| Past economic loss | $436,120 |
| Interest on past EL | $104,273 |
| Past superannuation | $58,333 |
| Future loss of economic capacity | $320,000 |
| Future superannuation | $38,400 |
| Past care (Griffiths v Kerkemeyer) | $295,453 |
| Interest on past care | $77,527 |
| Future care | $684,585 |
| Past special damages (plaintiff) | $237,544 |
| Interest on past special damages | $14,201 |
| Future special damages | $95,158 |
| Fox v Wood | $38,239 |
| Subtotal before refunds | $2,517,050 |
Key issues
Anderson v Claytons Towing Service Pty Ltd & Ors [2026] QSC 26
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