Longbottom v L & R Collins Pty Ltd
[2021] QSC 242 · Holmes CJ
Mr Longbottom was a labourer working as a banana harvester on a farm near Cooktown. While he was standing beneath a tall banana tree waiting to catch a heavy bunch, a co-worker cutting the tree made a large, careless cut, causing the whole tree and bunch to collapse suddenly onto him. He was knocked to the ground and suffered ongoing injuries to his right shoulder and right hip, along with anxiety and depression that developed after his shoulder surgery did not fully succeed. The main disputes were whether his employer was negligent, whether he had contributed to his own injury, and how much he had lost in earnings. The judge found the employer negligent but held Mr Longbottom 10 per cent responsible for standing under the falling tree. After accounting for that reduction and a workers' compensation refund, the court awarded him about $483,000, with the largest part covering his reduced future earning capacity.
Incident & injury
While working as a 'humper' catching a banana bunch, a fellow employee (the 'cutter') made a large incision in a tall banana tree, causing the tree and bunch to collapse suddenly onto the plaintiff, knocking him to the ground.
- Body regions
- Shoulder, Right shoulder, Right hip, Psychiatric (Right)
- Diagnoses
- SLAP tear of right shoulder labrum, Rotator cuff tear, Acromioclavicular joint dislocation, Adhesive capsulitis (frozen shoulder), Labral tear of right hip, Major depressive disorder with anxiety features / anxiety disorder with panic attacks
- Incident date
- 20 June 2016
- Location
- Banana farm near Cooktown, Queensland
Quick facts
- Date of judgment
- 28 September 2021
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 30
- Occupation
- Banana harvester (humper/cutter) - labourer Labourer
- Liability
- Disputed · 10% contributory negligence
- Total damages
- $482,697
Outcome
The court found the defendant employer liable in negligence for the unsafe harvesting method and assessed contributory negligence at 10%. After applying that reduction and the WorkCover refund, judgment was entered for the plaintiff in the amount of $482,696.99.
Defendant
1 L & R Collins Pty Ltd as trustee for L & R Collins Unit Trust
Employer
- Judgment against this defendant
- $482,697
- WorkCover refund
- $200,433
Heads of damage
| General damages | $31,810 |
|---|---|
| Past economic loss | $137,500 |
| Interest on past EL | $1,112 |
| Past superannuation | $13,063 |
| Future loss of economic capacity | $411,938 |
| Future superannuation | $46,673 |
| Past special damages (plaintiff) | $66,084 |
| Future special damages | $32,000 |
| Fox v Wood | $18,855 |
| Subtotal before refunds | $759,034 |
Key issues
Longbottom v L & R Collins Pty Ltd [2021] QSC 242
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