Knight v CPSM Pty Ltd
[2021] QCA 199 · Morrison JA, Boddice J, North J
Ms Knight worked as a casual personal care assistant at an aged care facility, where a cleaning chemical called D4 was used. She claimed that breathing in this chemical caused her ongoing health problems, including headaches, fatigue and breathing difficulties, and she sued her employer for negligence. After an eight-day trial in the District Court, at which she represented herself, the judge dismissed her claim, finding her evidence exaggerated and unreliable and accepting expert medical opinion that the low levels of exposure could not have caused her symptoms. Ms Knight appealed to the Court of Appeal and asked to bring in new evidence and recall witnesses. The Court refused to admit the new evidence and dismissed the appeal. The key reason was that, even if a breach of duty could be shown, she could not prove that the chemical actually caused her injuries. She was ordered to pay the employer's costs of the appeal.
Incident & injury
Alleged exposure to the cleaning chemical Didecyldimethylammonium Chloride (D4) during employment as a personal care assistant, said to have caused multiple chemical sensitivity and associated symptoms.
- Body regions
- Respiratory, Psychiatric (alleged)
- Diagnoses
- Multiple Chemical Sensitivity (alleged, rejected), Somatoform disorder (alleged, rejected on review), Self-limiting mucous membrane irritation of upper respiratory tract (accepted, resolved)
- Incident date
- 14 September 2014
- Location
- Mount Coolum Aged Care, Queensland
Quick facts
- Date of judgment
- 17 September 2021
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Personal care assistant at an aged care facility (casual) Community & Personal Service Worker
- Liability
- Disputed
- Total damages
- $0
Outcome
The Court of Appeal dismissed Ms Knight's appeal against the dismissal of her claim that workplace exposure to the chemical D4 caused her personal injury. Her application to adduce further evidence was refused, and the appeal failed principally because the medical evidence did not establish a causal link between the D4 exposure and her symptoms. She was ordered to pay the respondent's costs.
Defendant
1 CPSM Pty Ltd
Employer
- Judgment against this defendant
- $0
Key issues
Knight v CPSM Pty Ltd [2021] QCA 199
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