Longbottom v L & R Collins Pty Ltd

[2021] QSC 242 · Holmes CJ

In plain language

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
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

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Longbottom v L & R Collins Pty Ltd [2021] QSC 242

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