Cases // Injury Compensation
Geoff acquired a solid grounding in damages law when he studied under Prof Harold Luntz at the University of Melbourne in 1983. Since then he has been trial lawyer, and appeal lawyer, in many and varied personal injury cases. In this component of his practice he now mainly acts in catastrophic serious or more unusual injury cases and appeals. They include paraplegia and brain damage, including alleged birth injuries, and asbestos diseases and mesothelioma. He was legal adviser to the Western Australian Parliamentary Inquiry into the Kimberley Ultramarathon fire.
District Court. The plaintiff, an employee of WorkPac, was injured at an iron ore mine when the tray of the haul truck he was driving was struck by the bucket of a loader during loading. The loader operator was employed by the defendant (client) Pilbara Iron Company (Services) (“PICS”). The plaintiff successfully recovered damages from the defendant. The insurer GIO was held liable to indemnify PICS. The client was successful. GIO has appealed
Client was successful. Occupier’s liability and general negligence. The plaintiff fell and was injured when descending steps in a school’s performing arts building. A dance festival was underway. Her claim against the school failed. The school’s third party claim against the client dance festival organiser also failed
Claim by school against three liability insurers, QBE, IAG, and Berkshire Hathaway, for liability for damages payable to former student for injury from sexual abuse by teacher in 1988. Indemnity disputed by QBE on ground school failed to comply with “reasonable precautions” condition. QBE failed at trial and on appeal. IAG, client was successful in opposing QBE’s appeal.
Liability of hospital for alleged negligence. Appeal from a decision that the defendant hospital was not liable to pay damages to a patient with a shoulder dislocation who was not referred for advice from an orthopaedic surgeon. Trial judge held that he was not satisfied that early referral would have made any difference to the outcome. Different opinions expressed by orthopaedic surgeon expert witnesses on conservative or surgical treatment and nature of surgery and outcomes. No express findings on duty and breach of duty. Appeal allowed on ground that trial judge gave inadequate reasons for his decision. Retrial ordered. Hospital client was not successful
Catastrophic injury. Liability of electrical contractor with high voltage expertise. Plaintiff suffered severe burn injuries from an explosion of the contents of a switch gear tank in an electrical substation in a shopping centre. The tank contained oil and high voltage conductors. Two other men were severely burnt and did not survive. The plaintiff sued his employer, an electrical contractor who was present and also severely injured, and the shopping centre owners. The claim succeeded against the employer only. The electrical contractor client was successful
Worker injured hand on fishing vessel. Successfully recovered small amount of damages from skipper and substitute skipper. Claim against owner of vessel failed. Employer’s liability. Occupier’s liability. Statutory liability. Client was successful in that one claim failed and the modest damages awarded in the District Court were well below the limit of the jurisdiction of the Magistrates Court
BB was a primary school student when she was sexually abused by a school teacher. Her claim for damages against the school was settled and the trial proceeded as a claim by the school for indemnity against three liability insurers, QBE, IAG and Berkshire Hathaway. The terms of settlement were recorded in a confidential deed. IAG was the only insurer that admitted liability to indemnify but was willing to pay no more than half, supporting the school’s claim that QBE was also liable to indemnify. All three insurers were found liable to indemnify the school for the full amount of the settlement. IAG, client was successful.
Liability of farmers as occupiers of farmhouse. Appellant injured when fell through laserlite roof. Serious brain injury. Duty to warn only duty relied on by appellant. Whether duty to warn. Whether obvious risk. On appeal client was successful. Appeal dismissed
Liability of builder. Roof carpenter injured when standing on brick pier that collapsed. Negligence. Occupier’s liability. At trial client was not successful. On appeal client was successful on both appeal grounds (hindsight reasoning of trial judge) but respondent succeeded on notice of contention.
Workers’ compensation. Whether weekly payments of compensation following “step down” after week 13 include overtime. Whether “overtime” paid on a regular basis is an “allowance” and within “Amount Aa” for the purposes of calculating “weekly earnings”. On appeal client was not successful
Trial of preliminary issues. Effect on worker’s election to retain the right to damages where assessment of worker’s degree of impairment was not carried out in accordance with s93N of the Workers Compensation and Injury Management Act 1981. At trial client was not successful
Liability of farmers as occupiers of farmhouse. Plaintiff injured when fell through laserlite roof. Serious brain injury. Duty to warn only duty relied on by plaintiff. Whether duty to warn. Whether obvious risk. At trial client was successful.
Liability of owner of warehouse to customer using accessway not occupied by owner. Customer injured by reversing truck combination driven recklessly by unrelated third party. No established category duty of care. Whether duty of care owed by store owner to customer collecting goods. Reasonable foreseeability. Breach of duty. Causation. On appeal client was not successful
Liability of builder. Roof carpenter injured when standing on brick pier that collapsed. Negligence. Occupier’s liability. At trial client was not successful.
At trial client was not successful. Claim for contribution by tortfeasor who reversed truck and trailer combination into customer of warehouse owner. Apportionment of liability. Warehouse owner ordered to pay contribution despite telling customer to go to a warehouse bay
On appeal client was successful. At trial client was successful. University client. Personal injury. Employment. University lecturer. Psychiatric illness. Depressive disorder. Alleged negligence by university staff by “bullying, harassment and victimisation”. Unsuccessful claim for damages. Appeal dismissed
On appeal client was successful. At trial client was successful. Owner builder client. House contents insurance. Liability of owner builder. Residential house balcony collapse. Breach of duty admitted. Exclusion for breach of duty as owner held inapplicable. Duty as builder. Insurer’s appeal dismissed
On appeal client was successful. At trial client was successful. Labour hire company client. Work accident. Loader and truck at mine site. No breach of duty. Res ipsa loquitur. Whether control of employee and vicarious liability transferred from employer to third party. Future economic loss
On appeal client was successful. At trial client was successful. Owner builder client. House contents insurance. Owner builder in claim against insurer. Liability of owner builder. In 1993 defendant owner builder constructed home with external balcony. Balcony collapsed in 2009 and plaintiffs were injured. Exclusion in insurance policy for liability arising out of breach of duty as owner. Liability held to arise from activity of building house and not as owner. Third party insurer, WFI Insurance, liable to indemnify insured
On appeal client was successful. At trial client was successful. University client. Psychiatric illness. Lecturer at university suffering from major depressive disorder. Dismissed from permanent tenured employment. Alleged bullying harassment and victimisation by numerous staff. Claims for damages in contract and negligence dismissed
On appeal client was successful. At first instance client was not successful. Farm company client. Workers’ Compensation. Application for review of decision of Director of WorkCover by writ of certiorari. Refusal to extend ‘termination day’. Worker not able to claim damages. Calculation of ‘last day of the period of one year after’ the termination day. Appeal allowed and worker’s application dismissed
On appeal client was successful. At trial client was successful. Electricity supplier client. Public liability. Trespasser in transformer compound at disused quarry. High voltage electricity. Electric shock from 22kV (22,000 volt) power lines to transformer. Loss of both legs. Plaintiff/Appellant engaged in criminal conduct. Defence under Offenders (Legal Action) Act 2000 (WA). Plaintiff’s appeal to the Court of Appeal dismissed
On appeal client was successful. At trial client was successful. Labour hire company client. Vicarious liablity for conduct of employee. Driver of haulpak truck injured at iron ore mine. Rear tray of haulpak struck by bucket of loader. Claim for damages against labour hire company who employed the loader driver. No negligence. Transfer of control of employee to mining contractor. Loader driver employee pro hac vice of the mining contractor. Labour hire company not vicariously liable for conduct of its employee
On appeal client was not successful, but by majority decision. One appeal judge would have allowed the appeal in favour of health care company client. . At first instance client was not successful. Workers’ compensation. Worker failed to make election to retain right to claim damage before commencing proceedings for damages