Anderson v Claytons Towing Service Pty Ltd & Ors
[2026] QSC 26 · Copley J
Colin Anderson was a tow truck driver who, in August 2019, was called to tow a broken-down bus parked beside the Burnett Highway near Ban Ban Springs. While he was lying underneath the bus attaching the towing equipment, the bus rolled forwards off the wooden blocks it was resting on and crushed his chest. He suffered multiple rib fractures, nerve damage, kidney bruising, a spinal injury and post-traumatic stress disorder, and now relies on an implanted spinal cord stimulator to control constant pain. The court found the bus owner had released the handbrake despite being warned to leave it on, and that this made the owner's insurer (a Victorian motor accident insurer) liable. His employer had already admitted it had an unsafe work system. The judge found the worker had taken reasonable care and was not at fault. Liability was split equally between the employer and the bus owner's insurer. The court awarded him a total recovery of about $1.97 million, the largest single component being future care.
Incident & injury
Tow truck driver was under a broken-down bus preparing to attach a towing device when the bus rolled forwards off two wooden blocks (after the bus owner released the handbrake) and the spare tyre came into contact with his chest/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
- $1,970,874
Outcome
The plaintiff tow truck driver succeeded against both his employer (WCRA, breach admitted) and the bus owner's CTP insurer (the Transport Accident Commission, found liable under s 5(1)(a)(iii) MAIA after the owner negligently released the handbrake). No contributory negligence was found. Liability was apportioned equally between the defendants. Judgment was entered against the first defendant for $546,175.09 and against the third defendant for $1,970,874.41.
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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