Manca v Teys Australia Beenleigh Pty Ltd
[2024] QCA 60 · Applegarth J (Bowskill CJ and Fraser AJA agreeing)
A meatworker slipped and fell on concrete steps at a Beenleigh meatworks in February 2020, fracturing a rib and injuring his back while carrying equipment in both hands. He sued his employer, claiming the steps were worn and covered in blood, but the trial judge found he had not proved what caused his fall and dismissed the claim. The worker appealed, challenging numerous findings of fact and the conclusion that the employer was not negligent. The Court of Appeal dismissed the appeal. It held the trial judge was entitled to find there was no significant blood or water on the steps, that the worker's boots had adequate non-slip tread, and that the worker could have carried his equipment in one hand and used the handrail. The court also rejected a late argument about inadequate instructions because it had not been pleaded. The worker recovered nothing, and the appeal was dismissed with costs.
Incident & injury
Slipped and fell descending concrete steps adjacent to the 'blooding floor' of the meatworks while carrying equipment in both hands; fell backwards onto the edge of a step.
- Body regions
- Chest / thorax, Thoracic spine, Left shoulder
- Diagnoses
- fractured rib, soft tissue spinal injury, arm graze
- Incident date
- 11 February 2020
- Location
- Teys Beenleigh meatworks, Queensland
Quick facts
- Date of judgment
- 19 April 2024
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~39 (inferred)
- Occupation
- Meatworker (blooding floor worker at meatworks) Labourer
- Liability
- Disputed · 30% contributory negligence
- ISV assessed
- 9 uplift applied · WCRR Schedule 9 item 92 - Moderate thoracic or lumbar spine injury—soft tissue injury
- Whole Person Impairment
- 6%
- Total damages
- $0
Outcome
The Court of Appeal dismissed the worker's appeal against the District Court's dismissal of his negligence claim, holding that the trial judge's findings of fact (that the cause of the fall was unproven and that the employer was not negligent) had not been shown to be in error. The appeal was dismissed with costs.
Defendant
1 Teys Australia Beenleigh Pty Ltd
Employer
- Judgment against this defendant
- $0
Key issues
Manca v Teys Australia Beenleigh Pty Ltd [2024] QCA 60
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