Nkamba v Queensland Childcare Service Pty Ltd
[2022] QDC 292 · Horneman-Wren SC, DCJ
A childcare worker in her late forties was injured early one morning while setting up the play yards at the centre where she worked. As she dragged a large A-frame out of a dark storage shed, a small plastic building block on the floor was flung out onto the artificial grass behind her. Walking backwards, she stepped on the block, rolled her right ankle and fell. She suffered ligament damage to the ankle and developed an adjustment disorder with depressed mood, and could no longer do childcare work. The centre denied she was injured and argued she had knocked the block over herself and failed to keep a lookout. The judge preferred the worker's account, found the shed lighting was inadequate and that the centre had not properly checked the shed the night before. The employer was found wholly liable, with no reduction for contributory negligence. The court awarded her about $197,000, made up largely of past and future economic loss.
Incident & injury
While setting up an activity yard in a childcare centre, the plaintiff dragged an A-frame out of a dark storage shed; an undetected building block on the shed floor was projected onto the artificial grass outside, and as she stepped backwards she trod on it, inverting and injuring her right ankle.
Read the findings as text
- Dark storage shed. Not checked the night before.
- Breach of duty. No contributory negligence.
- $197,014 awarded. [2022] QDC 292.
- Body regions
- Ankle / foot, Right ankle, Psychiatric (Right)
- Diagnoses
- Disruption of right anterior talofibular ligament, Adjustment disorder with depressed mood
- Incident date
- 29 August 2017
- Location
- Childcare centre, Ipswich (Woodcrest)
Quick facts
- Date of judgment
- 16 December 2022
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~49 (inferred)
- Occupation
- Childcare worker / childcare educator Community & Personal Service Worker
- Liability
- Disputed
- ISV assessed
- 10 uplift applied · WCRR Sch 9 Item 142 (Moderate Ankle Injury)
- Whole Person Impairment
- 4%
- Total damages
- $197,014
Outcome
Judgment for the plaintiff in the sum of $197,013.98. The court found the employer negligent in failing to ensure the storage shed was properly packed away (leaving a block on the floor) and rejected the contributory negligence allegations entirely.
Defendant
1 Queensland Childcare Service Pty Ltd
Employer
- Apportionment
- 100%
- Judgment against this defendant
- $197,014
- WorkCover refund
- $30,273
Heads of damage
| General damages | $15,650 |
|---|---|
| Past economic loss | $116,288 |
| Interest on past EL | $1,878 |
| Past superannuation | $7,512 |
| Future loss of economic capacity | $49,148 |
| Future superannuation | $5,568 |
| Past special damages (plaintiff) | $12,491 |
| Future special damages | $15,654 |
| Fox v Wood | $3,098 |
| Subtotal before refunds | $227,287 |
Key issues
Nkamba v Queensland Childcare Service Pty Ltd [2022] QDC 292
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