Peacock v State of Queensland
[2024] QDC 179 · Barlow KC DCJ
Jodi Peacock, a custodial corrections officer, was injured in November 2020 during her annual firearms assessment at a shooting range run by Queensland Corrective Services. As part of a 'reactionary gap test', she had to run away and stop suddenly when a gun was fired. Running this test, she felt pain in the back of her legs and later developed lower back pain, which doctors attributed to an aggravation of a previously unknown degenerative spine condition. She sued her employer, arguing it should not have required her to do the test without letting her warm up. The court found the employer was not negligent because there was no foreseeable risk of this kind of injury, especially as running quickly was part of a corrections officer's normal duties. The judge also found that her back injury had actually resolved within months and left no lasting impairment, particularly given she had a history of back pain she had not disclosed. Judgment was given for the State.
Incident & injury
While performing a reactionary gap test during firearms assessment, the plaintiff ran and stopped suddenly, causing a hamstring strain and aggravation of pre-existing lumbar degenerative disease.
Read the findings as text
- No warm-up allowed. Pleaded as the breach.
- No foreseeable risk. Running was a normal duty.
- Judgment for the State. [2024] QDC 179.
- Body regions
- Lumbar / thoracic spine
- Diagnoses
- Aggravation of pre-existing lumbar degenerative disc disease (L4-L5 and L5/S1 disc protrusions), Hamstring strain (resolved)
- Incident date
- 23 November 2020
- Location
- Shooting range near Borallon Training and Correctional Centre, Queensland
Quick facts
- Date of judgment
- 25 October 2024
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 44
- Occupation
- Custodial corrections officer Community & Personal Service Worker
- Liability
- Disputed
- Whole Person Impairment
- 0%
- Total damages
- $0
Outcome
Judgment for the defendant. The court found QCS was not negligent as there was no foreseeable risk of injury, and in any event the aggravation injury had resolved by late May 2021 leaving no permanent impairment. Had liability been established, damages would have been assessed at $14,289.48.
Defendant
1 State of Queensland
Employer
- Judgment against this defendant
- $0
Heads of damage
| General damages | $0 |
|---|---|
| Past economic loss | $8,001 |
| Past superannuation | $1,020 |
| Future loss of economic capacity | $0 |
| Past special damages (plaintiff) | $4,300 |
| Future special damages | $0 |
| Fox v Wood | $968 |
| Subtotal before refunds | $14,289 |
Key issues
Peacock v State of Queensland [2024] QDC 179
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