Towers v Hevilift Ltd (No 2)
[2020] QSC 77 · Henry J
Bruce Towers was a helicopter pilot flying for the defendant's business in the Papua New Guinea highlands when his helicopter became enveloped in cloud and crashed in April 2006. He was left an incomplete quadriplegic, unable to work again as a pilot.
Liability had already been decided against the defendant at an earlier trial, so this judgment dealt only with how much he should be paid. The main disputes were about how long Mr Towers was likely to live, how long he would have kept working and at what income, and some household maintenance and cleaning costs where his records were incomplete. The court found he was likely to live another 15 years, would have retired at 68, and would have worked in Australia after his overseas contract ended. The judge awarded him $5,652,072.74 in total. The largest parts of the award covered his future care and assistance and future medical and equipment costs, reflecting the severity of his injuries.
Incident & injury
Helicopter piloted by the plaintiff became enveloped in cloud and crashed, caused by the defendant's negligence in failing to warn of the danger of rapid cloud envelopment
- Body regions
- Neurological, Cervical spine
- Diagnoses
- Incomplete quadriplegia (incomplete tetraplegia, C5-6 level spinal cord injury), Grade four ischial pressure wound with osteomyelitis, Ureteric stricture
- Incident date
- 20 April 2006
- Location
- Papua New Guinea highlands
Quick facts
- Date of judgment
- 15 April 2020
- Claim type
- Other
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 55
- Occupation
- Helicopter pilot Technician / Trade Worker
- Liability
- Admitted
- Total damages
- $5,652,073
Outcome
Following an earlier trial establishing liability, the court assessed quantum for a helicopter pilot rendered an incomplete quadriplegic. Judgment was entered for the plaintiff for $5,652,072.74, with the largest components being future care and assistance.
Defendant
1 Hevilift Limited
Employer
- Judgment against this defendant
- $5,652,073
Heads of damage
| General damages | $225,000 |
|---|---|
| Interest on general damages | $62,959 |
| Past economic loss | $614,636 |
| Interest on past EL | $261,878 |
| Past superannuation | $71,497 |
| Future loss of economic capacity | $0 |
| Past care (paid) | $464,645 |
| Interest on past care | $8,662 |
| Future care (paid) | $2,509,966 |
| Past special damages (plaintiff) | $126,272 |
| Past special damages (other third-party funded) | $337,316 |
| Interest on past special damages | $26,309 |
| Future special damages | $942,930 |
| Subtotal before refunds | $5,652,073 |
Key issues
Towers v Hevilift Ltd (No 2) [2020] QSC 77
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