Meechan v Savco Earthmoving Pty Ltd
[2021] QCA 264 · Fraser JA, McMurdo JA, Bond JA
A young construction labourer was injured at a worksite in 2014 when the boom of an excavator unexpectedly swung and knocked him from a truck, fracturing his right elbow and injuring his right shoulder. The excavator was being operated by a workmate who had been allowed to use it by the principal contractor, Savco, despite having no real training. At trial the judge found Savco negligent but ruled its negligence did not cause the injury, blaming instead the labourer's act of throwing a metal shackle to the operator. The Court of Appeal disagreed, holding that Savco's failure to ensure a properly experienced operator was at the controls did cause the accident. The court reduced the worker's damages by 20% for his own carelessness (one judge would have made it 50%) and increased general damages and added an allowance for future loss of earning capacity to reflect a risk of arthritis. The labourer recovered about $103,700.
Incident & injury
The plaintiff was struck by the boom of an excavator and knocked from a truck tray after a co-worker, who was permitted by the principal contractor to operate the excavator despite being inadequately experienced, inadvertently engaged the boom while catching a D shackle thrown to him.
- Body regions
- Elbow, Right elbow, Right shoulder (Right)
- Diagnoses
- Fracture of right elbow, Soft tissue injury to right shoulder
- Incident date
- 1 January 2014
- Location
- Construction site
Quick facts
- Date of judgment
- 3 December 2021
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 23
- Occupation
- Construction labourer Labourer
- Liability
- Disputed · 20% contributory negligence
- Whole Person Impairment
- 5%
- Total damages
- $103,742
Outcome
The Court of Appeal granted leave, allowed the appeal, and overturned the trial judge's dismissal of the claim, finding Savco's negligence in permitting an inexperienced operator to use its excavator caused the plaintiff's injury. The award was assessed at $129,677.39 before a 20% reduction for contributory negligence, giving judgment of $103,741.91.
Defendant
1 Savco Earthmoving Pty Ltd
Principal contractor
- Apportionment
- 80%
- Judgment against this defendant
- $103,742
Heads of damage
| General damages | $25,000 |
|---|---|
| Past economic loss | $17,250 |
| Past superannuation | $1,639 |
| Future loss of economic capacity | $67,650 |
| Future superannuation | $7,983 |
| Past special damages (plaintiff) | $1,000 |
| Past special damages (WorkCover) | $6,299 |
| Fox v Wood | $2,857 |
| Subtotal before refunds | $129,677 |
Key issues
Meechan v Savco Earthmoving Pty Ltd [2021] QCA 264
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