Durkin v Ambrose Haulage Pty Ltd
[2020] QDC 97 · Jarro DCJ
Denis Durkin was a long-distance fuel truck driver for Ambrose Haulage, hauling loads between Goondiwindi and Brisbane. He claimed that driving a truck with worn suspension over rough roads caused injuries to both shoulders, and that his employer failed to fix the suspension despite his repeated complaints. The court had to decide whether the employer had been negligent and whether any negligence caused his shoulder problems. The judge found the employer did not breach its duty of care. The truck was serviced more often than the manufacturer recommended, and the mechanic, the employer, and a co-worker all considered the suspension sound.
The judge also found that Durkin's shoulder condition was mainly the result of age-related degeneration and would have become painful regardless of his work. Judgment was entered for the employer, so Durkin recovered nothing. The judge assessed damages at around $46,000 in case the decision was appealed.
Incident & injury
Alleged cumulative injury to both shoulders from driving a long-distance fuel truck with allegedly deteriorated suspension/shock absorbers over rough roads over a period of time
- Body regions
- Shoulder (Bilateral)
- Diagnoses
- Right shoulder partial tear supraspinatus tendon with tendinitis, Left shoulder supraspinatus tendinitis with subacromial bursitis
- Incident date
- 1 May 2017
- Location
- Southern Queensland highways (Goondiwindi to Brisbane)
Quick facts
- Date of judgment
- 29 May 2020
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~56 (inferred)
- Occupation
- Long distance fuel truck driver Machinery Operator / Driver
- Liability
- Disputed
- ISV assessed
- 5 · Item 97 (Sch 9 WCRR 2014)
- Whole Person Impairment
- 4%
- Total damages
- $0
Outcome
The court entered judgment for the defendant. Jarro DCJ found the employer did not breach its duty of care, and that even if there had been a breach, the plaintiff had not proven that any breach caused his shoulder injuries, which were largely attributable to age-related constitutional degeneration. Damages were assessed contingently at $46,476.25 net in case the liability findings were overturned on appeal.
Defendant
1 Ambrose Haulage Pty Ltd
Employer
- Judgment against this defendant
- $0
- WorkCover refund
- $49,818
Heads of damage
| General damages | $7,050 |
|---|---|
| Past economic loss | $62,608 |
| Interest on past EL | $0 |
| Past superannuation | $5,948 |
| Future loss of economic capacity | $0 |
| Past special damages (WorkCover) | $10,427 |
| Future special damages | $0 |
| Fox v Wood | $10,261 |
| Subtotal before refunds | $96,294 |
Key issues
Durkin v Ambrose Haulage Pty Ltd [2020] QDC 97
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