Norsgaard v Aldi Stores (A Limited Partnership)

[2022] QDC 260 · Jarro DCJ

In plain language

Lucy Norsgaard, a 33-year-old supermarket store assistant at an Aldi store in Brassall, hurt her lower back in June 2019 while lifting three trays of canned tomatoes (about 15 kilograms) as she unpacked stock from a pallet. She argued her employer had not trained her properly in safe lifting and put too much emphasis on speed, leaving staff to decide for themselves how much to lift. Aldi denied this, saying she had been trained and chose to lift too much. The judge preferred her evidence, finding the training was cursory and the safe system of work was not properly enforced, so Aldi was liable. The judge rejected Aldi's claim that she was partly to blame. On her injuries, the judge accepted she suffered a lasting lumbar strain with a 7% whole person impairment, though he was sceptical about how genuine her efforts to find work were and applied discounts to her economic loss claims. She was awarded $157,767.71 in damages.

Incident & injury

Lifting three cardboard trays of canned tomatoes (approx 15kg) while bent at waist and turning to stack on shelving; lost control of lift causing musculo-ligamentous injury to lumbar spine

Body regions
Lumbar spine
Diagnoses
Chronic musculo-ligamentous strain to lumbar spine, Annular tear at L4/5, Mild generalised disc bulge L4/5
Incident date
28 June 2019
Location
Aldi Brassall store, Brassall, Queensland

Quick facts

Date of judgment
22 November 2022
Proceeding
Trial
Plaintiff outcome
Successful
Plaintiff age at injury
33
Occupation
Store person (supermarket store assistant) Labourer
Liability
Disputed
ISV assessed
8 · Item 92 (Moderate thoracic or lumbar spine injury – soft tissue injury), WCRR Schedule 9
Whole Person Impairment
7%
Total damages
$157,768

Outcome

Judgment for the plaintiff. The court found Aldi breached its duty of care by failing to provide adequate manual handling training and a properly enforced safe system of work, and rejected the defendant's contributory negligence plea. Damages were assessed at $157,767.71 after the WorkCover refund.

Defendant

1 Aldi Stores (A Limited Partnership)

Employer

Apportionment
100%
Judgment against this defendant
$157,768
WorkCover refund
$4,623
Medicare refund
$2,968
Heads of damage
General damages $12,530
Past economic loss $58,975
Interest on past EL $3,894
Past superannuation $5,252
Future loss of economic capacity $60,000
Future superannuation $7,092
Past special damages (plaintiff) $2,500
Past special damages (WorkCover) $3,954
Interest on past special damages $167
Future special damages $5,000
Fox v Wood $60
Subtotal before refunds $162,391

Key issues

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Norsgaard v Aldi Stores (A Limited Partnership) [2022] QDC 260

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