Norsgaard v Aldi Stores (A Limited Partnership)
[2022] QDC 260 · Jarro DCJ
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
Read the findings as text
- Training was cursory. Speed over safe lifting.
- Breach of duty. No contributory negligence.
- $157,768 awarded. Affirmed [2023] QCA 204.
- Body regions
- Lumbar / thoracic spine, 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
- Claim type
- WCRA Common Law
- 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) | $5,468 |
| 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
Norsgaard v Aldi Stores (A Limited Partnership) [2022] QDC 260
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