Norsgaard v Aldi Stores (A Limited Partnership)
[2023] QCA 204 · Mullins P, Livesey AJA and Callaghan J
A storeperson at an Aldi supermarket in Brassall hurt her lower back in June 2019 while unpacking trays of canned tomatoes. The court below accepted that Aldi was responsible for her injury and awarded her about $157,000 in damages, including amounts for past lost income and reduced future earning ability. Both sides appealed. The worker argued she should have received more, particularly because the judge cut her past income loss by 30 per cent. Aldi cross-appealed, arguing the cut should have been 60 per cent, that there should be no award for future earning loss, and that the injury severity score was too high. The Court of Appeal dismissed both the worker's appeal and Aldi's cross appeal, finding the trial judge's assessments were properly within the range open to a judge weighing the evidence. The original judgment of roughly $157,000 was left in place.
Incident & injury
Suffered a musculoligamentous injury to the lumbar spine while unpacking trays of canned tomatoes at work
- Body regions
- Lumbar / thoracic spine, Lumbar spine
- Diagnoses
- Musculoligamentous injury to lumbar spine, L4/5 posterior annular tear with mild generalised disc bulge, Mild lower lumbar spondylosis and disc degeneration
- Incident date
- 28 June 2019
- Location
- Aldi Brassall store, Queensland
Quick facts
- Date of judgment
- 20 October 2023
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- 33
- Occupation
- Storeperson Labourer
- Liability
- Admitted
- ISV assessed
- 8 · Item 92 - Moderate thoracic or lumbar spine injury (soft tissue) - WCRR Schedule 9
- Whole Person Impairment
- 7%
- Total damages
- $157,768
Outcome
Both the appellant's appeal (seeking higher past economic loss and future earning capacity) and the respondent's cross appeal (seeking a larger discount and lower ISV) were dismissed. The trial judgment of $157,767.71 stood.
Defendant
1 Aldi Stores (A Limited Partnership)
Employer
- Apportionment
- 100%
- Judgment against this defendant
- $157,768
Heads of damage
| Past economic loss | $58,975 |
|---|---|
| Future loss of economic capacity | $60,000 |
Key issues
Norsgaard v Aldi Stores (A Limited Partnership) [2023] QCA 204
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