Sawyer v Steeplechase Pty Ltd
[2024] QSC 142 · Crowley J
Luke Sawyer, a 26-year-old concreter, injured his lower back in August 2016 while laying a heavy 105kg steel reinforcing mesh sheet over plumbing pipes at a house renovation site in Ascot. He kept working in pain for nearly a year, before a second incident in July 2017 (bending to get a drink) left him unable to work. Scans showed a prolapsed disc at the L5/S1 level which required surgery. He has not been able to return to concreting and now receives a disability pension. The main dispute was whether his serious back condition was caused by the 2016 injury or by a pre-existing degenerative condition. The court accepted that the 2016 incident caused a significant tear that gradually worsened into the disc prolapse. The principal contractor for the site was found not to owe him a duty of care, and his employer (the second defendant) admitted breaching its duty. The court awarded him about $781,000 in damages against his employer, and dismissed the claims against the other two defendants.
Incident & injury
Plaintiff injured his lower back while squatting, twisting and reaching to lay a heavy (105kg) SL81 steel mesh sheet over protruding plumbing pipes during foundation preparation work as a concreter.
- Body regions
- Lumbar spine, Psychiatric (Right)
- Diagnoses
- L5/S1 disc injury (radial annular tear progressing to disc prolapse), Right S1 nerve root impingement / radiculopathy, Aggravation of pre-existing depressive disorder (adjustment disorder with mixed anxiety and depressed mood)
- Incident date
- 22 August 2016
- Location
- Yabba Street, Ascot (residential renovation job site)
Quick facts
- Date of judgment
- 10 July 2024
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 26
- Occupation
- Concreter Technician / Trade Worker
- Liability
- Partial
- ISV assessed
- 19 uplift applied · WCRR Sch 9 Item 91 (moderate lumbar spine injury)
- Whole Person Impairment
- 13%
- Total damages
- $781,082
Outcome
Judgment for the plaintiff against the second defendant (his employer) for $781,082.09. The claims against the first defendant (principal contractor) and third defendant were dismissed, the court finding the principal contractor owed no duty of care of the kind pleaded and that the plaintiff's significant injury occurred on 22 August 2016 while the second defendant was his employer.
Defendants (3)
1 Steeplechase Pty Ltd (SW Constructions)
Principal contractor / Occupier
- Judgment against this defendant
- $0
Heads of damage
| General damages | $80,000 |
|---|---|
| Interest on general damages | $6,312 |
| Past economic loss | $289,515 |
| Interest on past EL | $59,860 |
| Past superannuation | $27,504 |
| Future loss of economic capacity | $363,800 |
| Future superannuation | $40,018 |
| Past care (Griffiths v Kerkemeyer) | $40,149 |
| Interest on past care | $14,090 |
| Future care | $106,810 |
| Past special damages (plaintiff) | $55,626 |
| Future special damages | $47,927 |
| Fox v Wood | $25,443 |
| Subtotal before refunds | $1,157,654 |
2 Joel Quillan and Linda Quillan as Trustees for the Quillan Family Trust (Cretek)
Employer (labour-hire / direct employer)
- Judgment against this defendant
- $781,082
- WorkCover refund
- $129,030
Heads of damage
| General damages | $34,030 |
|---|---|
| Past economic loss | $289,515 |
| Interest on past EL | $26,249 |
| Past superannuation | $27,504 |
| Future loss of economic capacity | $363,800 |
| Future superannuation | $40,018 |
| Past special damages (plaintiff) | $8,000 |
| Past special damages (WorkCover) | $47,626 |
| Future special damages | $47,927 |
| Fox v Wood | $25,443 |
| Subtotal before refunds | $910,112 |
3 Cretek Pty Ltd (in liquidation)
Subsequent employer
- Apportionment
- 0%
- Judgment against this defendant
- $0
Key issues
Sawyer v Steeplechase Pty Ltd [2024] QSC 142
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