Saturday, 23 April 2016

Employers Obligations Case - Schneider v AMP Capital Investors Ltd [2016] NSWSC 333; BC201602254

A woman has failed in seeking damages against AMP Capital Investors Ltd, ThyssenKrupp Elevator Australia Pty Ltd and ISS Integrated Services Pty Ltd, for injuries she allegedly sustained when she tripped upon exiting a lift in a building where the respondents had relevant capacities. 

The New South Wales Supreme Court, in finding that none of the respondents were liable, dismissed all cross-claims filed between and among them because neither party to the cross-claims were tortfeasors and no occasion arose for ordering contribution or indemnity.*

TORT – negligence – lift stopping out of level with fixed floor – failure of plaintiff to prove dimension of trip hazard – duty of care owed by a building management company which operated the lifts and occupied the lift foyers – content of the duty – requirement to institute maintenance regime – no breach established
 
PERSONAL INJURY – trip accident alleged to have caused permanent exacerbation of pre-existing cervical spondylosis – incomplete pre-accident history given to post-accident treating specialist – competing diagnosis of unchanged idiopathic pain disorder – permanent exacerbation not proved 


For the full article, visit  https://www.caselaw.nsw.gov.au/decision/56f9fb61e4b05f2c4f04c494 

Footnotes: 
* Lexis Nexis, Document:  Employer obligations — Schneider v AMP Capital Investors Ltd [2016] NSWSC 333; BC201602254 (23 April 2016) <https://advance.lexis.com/document/?pdmfid=1201009&crid=d43e49c4-fcbf-491e-ae27-35f80715125f&pddocfullpath=%2Fshared%2Fdocument%2Fanalytical-materials-au%2Furn%3AcontentItem%3A5JJS-DWH1-JS0R-2289-00000-00&pdcontentcomponentid=375429&ecomp=kvfk&earg=1&prid=9fe54865-d7c1-4184-973d-d0a9604c35bc>.



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