Cvilikas v Sunshine Coast Hospital and Health Service
[2023] QSC 36 · Hindman J
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
Read the findings as text
- No warning given. Co-worker moved the mattress.
- Breach of duty. 25% contributory negligence.
- $196,193 awarded. [2023] QSC 36.
- 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
- Claim type
- WCRA Common Law
- 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) | $2,278 |
| Past special damages (WorkCover) | $29,338 |
| Future special damages | $1,788 |
| Fox v Wood | $0 |
| Subtotal before refunds | $365,207 |
Key issues
Cvilikas v Sunshine Coast Hospital and Health Service [2023] QSC 36
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