Cvilikas v Sunshine Coast Hospital and Health Service

[2023] QSC 36 · Hindman J

In plain language

Jody Cvilikas worked as a patient support assistant at Nambour General Hospital. In December 2017, while in a storage shed, she stepped in to help a co-worker who was placing a mattress on a bed. Her left arm was caught between the mattress and the bed frame, causing a left shoulder injury that required surgery. The main disputes were how the incident happened, whether the hospital was negligent, and how badly she was injured. The court did not accept her account that the co-worker threw the mattress overhead, but found the co-worker should have warned her before moving the mattress, making the hospital responsible. The judge also found the plaintiff exaggerated her ongoing symptoms and that she was fit to return to part-time work. Her damages were reduced by 25% for her own carelessness in intervening uninvited. After the contributory negligence reduction and the WorkCover refund, she was awarded $196,193.33.

Incident & injury

Plaintiff's left arm caught between mattress and bed frame when co-worker placed mattress on bed without warning while plaintiff intervened to assist

Body regions
Shoulder, Left shoulder (Left)
Diagnoses
Left shoulder injury, Acromioclavicular joint pain (post distal clavicle excision), Possible neuropathic pain component
Incident date
10 December 2017
Location
Nambour General Hospital, assets shed

Quick facts

Date of judgment
6 March 2023
Proceeding
Trial
Plaintiff outcome
Successful
Plaintiff age at injury
~44 (inferred)
Occupation
Patient support assistant (wardsperson) at hospital Community & Personal Service Worker
Liability
Disputed · 25% contributory negligence
ISV assessed
10 · Item 96 - Moderate Shoulder Injury
Whole Person Impairment
8%
Total damages
$196,193

Outcome

The court found the employer negligent (vicariously for the co-worker's failure to warn and for an inadequate system of work), reduced damages by 25% for contributory negligence, and entered judgment for the plaintiff for $196,193.33 clear of the WorkCover refund of $77,712.06.

Defendant

1 Sunshine Coast Hospital and Health Service

Employer

Judgment against this defendant
$196,193
WorkCover refund
$77,712
Medicare refund
$1,528
Heads of damage
General damages $15,600
Interest on general damages $0
Past economic loss $135,785
Interest on past EL $8,776
Past superannuation $8,741
Future loss of economic capacity $146,323
Future superannuation $16,578
Past care (Griffiths v Kerkemeyer) $0
Future care $0
Past special damages (plaintiff) $750
Past special damages (WorkCover) $29,338
Future special damages $1,788
Fox v Wood $0
Subtotal before refunds $365,207

Key issues

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Cvilikas v Sunshine Coast Hospital and Health Service [2023] QSC 36

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