Ritchie James Edward Lowe v Greenmountain Food Processing Pty Ltd
[2024] QDC 204 · Horneman-Wren SC, DCJ
Ritchie Lowe was a 23-year-old meat processing worker who, in April 2019, partially amputated his right index finger when it came into contact with a bandsaw blade while cutting veal ribs. He recovered well after two surgeries, was medically cleared to return to his job, and went on to take up better-paid work and successfully return to playing A-Grade rugby league. He sued his former employer for negligence, claiming over half a million dollars in past and future income loss. The court dismissed the claim. The judge found the plaintiff's case kept changing and was not supported by the evidence: the employer had assessed the risks, trained him properly, and the meat he was cutting was not unusually small or slippery. The judge also found the plaintiff had failed to mitigate his loss by walking away from his job after being cleared to return. Even on quantum, damages would have been modest. The claim was dismissed entirely.
Incident & injury
While cutting a rack of veal ribs using a Thompson bandsaw, the meat slipped and the plaintiff's right index finger came into contact with the moving blade, causing partial amputation.
- Body regions
- Hand, Right hand (Right)
- Diagnoses
- Partial amputation of right index finger, Fracture of proximal middle phalanx with bone/cartilage loss, Radial digital nerve laceration, Dorsal radial sensory nerve laceration, Radial digital artery segmental loss, PIP joint arthrodesis (fusion)
- Incident date
- 1 April 2019
- Location
- Ipswich, Queensland (meat processing premises)
Quick facts
- Date of judgment
- 29 November 2024
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 23
- Occupation
- Meat processing worker (sawyer / food processor) Labourer
- Liability
- Disputed
- ISV assessed
- 10 · Item 115.3 WCRR Schedule 9
- Whole Person Impairment
- 10%
- Total damages
- $0
Outcome
The plaintiff's common law claim against his former employer for a partial finger amputation sustained on a bandsaw was dismissed. The court found the plaintiff failed to prove any breach of duty, the defendant having assessed the risk and provided adequate training, and that the plaintiff failed to mitigate his loss by disengaging from his employment after being medically cleared. Had liability been established, damages would have been assessed at modest levels.
Key issues
Ritchie James Edward Lowe v Greenmountain Food Processing Pty Ltd [2024] QDC 204
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