Kup-Ferroth v A1 Custom Stainless and Kitchens Pty Ltd
[2022] QDC 3 · Barlow QC DCJ
Michael Kup-Ferroth was a sheet metal tradesman who, in July 2016, was directed by his employer's director to help lift and move a heavy stainless-steel benchtop (about 120kg) with only one other person, and then to lift one end of it. He developed lower back pain that day and felt severe pain later when he twisted to wave goodbye to a colleague. He claimed the lifting caused a serious lumbar spine injury and a related psychiatric condition that left him largely unable to work. The main dispute was whether the lifting actually happened (the employer denied it) and whether the plaintiff was partly at fault for his own injury. The judge preferred the plaintiff's evidence, found the employer negligent for failing to provide enough people or equipment, and rejected the argument that the plaintiff was contributorily negligent, since he was following his employer's instructions. The court assessed damages at around $769,000 but, because the District Court's limit was $750,000, gave judgment for $755,282.78 including interest.
Incident & injury
Plaintiff directed by his supervisor to lift and carry a heavy (~120kg) stainless-steel benchtop with only one other person, then lift one end of it; he later twisted while waving goodbye, causing onset of severe lumbar pain.
Read the findings as text
- No lifting equipment. Two people for 120 kg.
- Breach of duty. No contributory negligence.
- $755,283 judgment. Capped at the court limit.
- Body regions
- Lumbar / thoracic spine, Psychiatric
- Diagnoses
- L5/S1 disc protrusion (aggravation of pre-existing degenerative changes), Adjustment Disorder with Mixed Anxiety and Depressed Mood, Generalised Anxiety Disorder
- Incident date
- 18 July 2016
- Location
- Aussie Rooster premises (commercial kitchen fit-out site)
Quick facts
- Date of judgment
- 21 January 2022
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 26
- Occupation
- Sheet metal tradesman Technician / Trade Worker
- Liability
- Disputed
- ISV assessed
- 12 uplift applied · WCRR Schedule 9 item 92 (moderate lumbar spine injury)
- Whole Person Impairment
- 7%
- Total damages
- $755,283
Outcome
The court accepted the plaintiff's account that he was directed to lift a heavy benchtop, found the defendant breached its duty to provide a safe system of work, and rejected the contributory negligence defence (noting only 10% would have applied if wrong). Judgment was entered for the plaintiff for $755,282.78 (including interest), the assessed damages of $769,345.47 being capped at the District Court's jurisdictional limit.
Defendant
1 A1 Custom Stainless and Kitchens Pty Ltd
Employer
- Apportionment
- 100%
- Judgment against this defendant
- $755,283
- WorkCover refund
- $52,036
Heads of damage
| General damages | $19,270 |
|---|---|
| Past economic loss | $229,300 |
| Interest on past EL | $5,171 |
| Past superannuation | $21,874 |
| Future loss of economic capacity | $459,690 |
| Future superannuation | $52,854 |
| Past special damages (plaintiff) | $14,066 |
| Interest on past special damages | $112 |
| Future special damages | $17,800 |
| Fox v Wood | $6,618 |
| Subtotal before refunds | $821,381 |
Key issues
Kup-Ferroth v A1 Custom Stainless and Kitchens Pty Ltd [2022] QDC 3
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