Friday, 6 November 2015

Digby v Compass Institute Inc [2015] QSC 308

Court Provided Information: TORTS – Negligence – Essentials of action for negligence – Standard of care – Particular persons and situations – Other cases – Where the first defendant was an incorporated business providing disability services to young people – Where the plaintiff was an employee of the first defendant – Where the second defendant was the employer of a police officer, who attended at the first defendant’s premises to give a presentation to its clients – Where, during the course of that presentation, the police officer turned on the siren of a police vehicle, which caused a client with physical and intellectual disabilities to startle and fall – Where the plaintiff attempted to arrest his fall and, in doing so, suffered an injury to her right shoulder – Where the plaintiff subsequently appeared to develop a constant tremor in her right hand and arm, along with severe pain throughout her right upper body – Whether the first defendant had breached the duty of care owed as an employer by failing to provide a safe system of work – Whether the second defendant owed a duty of care – Whether the second defendant had breached any duty of care owed by failing to give a warning before turning on the siren.

TORTS – Negligence – Essentials of action for negligence – Damage – Causation – Other cases – Where the first defendant was an incorporated business providing disability services to young people – Where the plaintiff was an employee of the first defendant – Where the second defendant was the employer of a police officer, who attended at the first defendant’s premises to give a presentation to its clients – Where, during the course of that presentation, the police officer turned on the siren of a police vehicle, which caused a client with physical and intellectual disabilities to startle and fall – Where the plaintiff attempted to arrest his fall and, in doing so, suffered an injury to her right shoulder – Where the plaintiff subsequently appeared to develop a constant tremor in her right hand and arm, along with severe pain throughout her right upper body – To what extent had the plaintiff suffered injury.

DAMAGES – Measure and remoteness of damages in actions for tort – Remoteness and causation – Proof of causation – Where the first defendant was an incorporated business providing disability services to young people – Where the plaintiff was an employee of the first defendant – Where the second defendant was the employer of a police officer, who attended at the first defendant’s premises to give a presentation to its clients – Where, during the course of that presentation, the police officer turned on the siren of a police vehicle, which caused a client with physical and intellectual disabilities to startle and fall – Where the plaintiff attempted to arrest his fall and, in doing so, suffered an injury to her right shoulder – Where the plaintiff subsequently appeared to develop a constant tremor in her right hand and arm, along with severe pain throughout her right upper body – To what extent was the first defendant liable for costs of the plaintiff’s medical treatment, rehabilitation and medication.

LEGISLATION CITED: Workers’ Compensation and Rehabilitation Act 2003 (Qld); Uniform Civil Procedure Rules 1999 (Qld) rr 5(1), 375(1)

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