Walker v Greenmountain Food Processing Pty Ltd
[2020] QSC 329 · Applegarth J
Scott Walker was the maintenance manager at a meatworks near Coominya. One evening in June 2015, driving home, he noticed steam venting from the plant's boiler. Knowing the plant depended on that boiler, he went to investigate and climbed to a platform to find which pipe was leaking. In fading light he stepped onto the roof of the rendering shed to get a better view, walked onto an alsynite panel he did not realise was there, and fell more than seven metres to the concrete floor. He suffered a brain injury, a neck fracture, wrist and thumb injuries, and injuries to both knees. He sued his employer for negligence. The main questions were whether the employer failed to provide a safe system of work and whether Walker was partly to blame.
The court found the employer negligent for not preventing or safeguarding roof access, and rejected the argument that Walker was contributorily negligent, treating his step onto the roof as a spur-of-the-moment misjudgement. Walker recovered about $967,000, with future loss of earning capacity the largest part of the award.
Incident & injury
Plaintiff fell more than 7 metres through an alsynite roof panel while investigating a steam leak on the roof of the rendering shed at dusk
- Body regions
- Brain / head, Psychiatric, Cervical spine, Wrist, Hand, Knee / lower leg (Bilateral)
- Diagnoses
- Moderate brain injury with right occipital fracture (10% WPI), adjustment disorder with anxiety and depressed mood, Right C6 cervical fracture with nerve compression (7% WPI), Right wrist united fracture, Thumb Rolland's and Bennett's fractures, Bilateral knee injuries (left patella fracture, right fibula fracture, chondral damage)
- Incident date
- 12 June 2015
- Location
- Coominya, Queensland (meat processing plant)
Quick facts
- Date of judgment
- 29 October 2020
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 32
- Occupation
- Maintenance Manager (qualified electrician) Manager
- Liability
- Disputed
- ISV assessed
- 50 · Item 7 (Moderate brain injury), WCRR Schedule 9
- Whole Person Impairment
- 10%
- Total damages
- $967,383 83rd percentile · WCRA Common Law matters (n=29)
Outcome
The court found the employer negligent for failing to provide a safe system of work for accessing the roof and rejected the contributory negligence defence, finding the plaintiff's conduct amounted only to momentary inadvertence. Judgment was entered for the plaintiff for $967,383.39 after deducting the WorkCover refund.
Defendant
1 Greenmountain Food Processing Pty Ltd
Employer
- Judgment against this defendant
- $967,383
- WorkCover refund
- $193,696
Heads of damage
| General damages | $128,050 |
|---|---|
| Past economic loss | $40,000 |
| Past superannuation | $3,800 |
| Future loss of economic capacity | $765,600 |
| Future superannuation | $89,881 |
| Past special damages (plaintiff) | $20,949 |
| Past special damages (WorkCover) | $63,290 |
| Interest on past special damages | $510 |
| Future special damages | $37,910 |
| Fox v Wood | $11,089 |
| Subtotal before refunds | $1,161,079 |
Key issues
Walker v Greenmountain Food Processing Pty Ltd [2020] QSC 329
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.