Reddock v ST&T Pty Ltd & Anor
[2022] QSC 293 · Jackson J
Karen Reddock was a 41-year-old concrete delivery truck driver. On her birthday in July 2018 she hurt her left hand and wrist while struggling to move a stiff, jammed swivel chute on her truck. The chute had jammed because a worn brake lining had failed, and a batching manager (employed by the company she delivered for) had unsuccessfully tried to fix it with grease before sending her out on another job. She developed an ongoing wrist condition and a significant psychiatric illness, and could no longer work as a truck driver. The court found both her labour-hire employer and the host company negligent — the employer for not giving her clear instructions to stop and report problems, and the host company because its manager pressed her to keep working with a faulty chute. The judge split the blame equally between them. Her damages were reduced by 30–40% because she had a pre-existing tendency to develop her wrist condition anyway. She effectively recovered about $727,000.
Incident & injury
Plaintiff injured her left hand/wrist trying to rotate a stiff and jammed swivel chute on a concrete delivery truck after a defective brake lining caused the chute to stick.
- Body regions
- Psychiatric, Left hand/wrist
- Diagnoses
- Left de Quervain's tenosynovitis, Left thumb CMC strain, Partial injury to superficial radial nerve, Major depressive disorder, Adjustment disorder with anxious mood
- Incident date
- 26 July 2018
- Location
- Coopers Plains / Browns Plains batching plant; injury sustained at Juliette Street, Annerley, Brisbane
Quick facts
- Date of judgment
- 13 January 2023
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 41
- Occupation
- Concrete delivery truck driver Machinery Operator / Driver
- Liability
- Disputed
- ISV assessed
- 22 uplift applied · Item 11 (Serious Mental Disorder) - WCRR Schedule 9
- Whole Person Impairment
- 4%
- Total damages
- $727,134
Outcome
Judgment for the plaintiff against the first defendant (employer) for $633,253.53 (clear of WorkCover refund) and against the second defendant (host/principal) for $727,133.81 at common law, with liability apportioned 50/50 and reciprocal contribution orders made. The plaintiff can recover only once, with the larger common-law judgment of $727,133.81 being her actual recovery.
Defendants (2)
1 ST&T Pty Ltd
Employer (labour-hire)
- Apportionment
- 50%
- Judgment against this defendant
- $633,254
- WorkCover refund
- $30,699
- Medicare refund
- $672
Heads of damage
| General damages | $43,230 |
|---|---|
| Past economic loss | $140,072 |
| Interest on past EL | $10,705 |
| Past superannuation | $13,616 |
| Future loss of economic capacity | $376,920 |
| Future superannuation | $44,552 |
| Past special damages (plaintiff) | $1,529 |
| Past special damages (WorkCover) | $11,366 |
| Interest on past special damages | $397 |
| Future special damages | $17,500 |
| Fox v Wood | $3,394 |
| Subtotal before refunds | $663,953 |
2 Boral Resources (Qld) Pty Limited
Host/principal (occupier of batching plant)
- Apportionment
- 50%
- Judgment against this defendant
- $727,134
- Medicare refund
- $672
Heads of damage
| General damages | $45,500 |
|---|---|
| Interest on general damages | $4,004 |
| Past economic loss | $140,072 |
| Interest on past EL | $10,924 |
| Past superannuation | $13,616 |
| Future loss of economic capacity | $376,920 |
| Future superannuation | $44,552 |
| Past care (Griffiths v Kerkemeyer) | $9,618 |
| Interest on past care | $846 |
| Future care | $46,224 |
| Past special damages (plaintiff) | $1,529 |
| Past special damages (WorkCover) | $11,366 |
| Interest on past special damages | $397 |
| Future special damages | $17,500 |
| Fox v Wood | $3,394 |
| Subtotal before refunds | $727,134 |
Contribution orders
- Boral Resources (Qld) Pty Limited ordered to contribute $363,567 to ST&T Pty Ltd (Law Reform Act 1995 (Qld) s 6(c) - 50/50 apportionment)
- ST&T Pty Ltd ordered to contribute $331,976 to Boral Resources (Qld) Pty Limited (Law Reform Act 1995 (Qld) s 6(c) - 50/50 apportionment)
Key issues
Reddock v ST&T Pty Ltd & Anor [2022] QSC 293
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