Turner v Carrington Ginning Pty Limited [2021] NSWSC 445

Turner v Carrington Ginning Pty Limited [2021] NSWSC 445

The risk of harm was that a cotton bale would fall from a trailer during unloading, a foreseeable and not insignificant risk. The defendant had a system requiring truck drivers to remain in a safety zone while forklifts unloaded and requiring forklift operators not to unload unless the driver was in the safety zone. A bale fell while the plaintiff was adjacent to the trailer and forklifts were operating, showing a fundamental failure by the defendant's forklift operators to comply with that system and causing the plaintiff's injuries. The plaintiff also knew he should not leave the safety zone without an appropriate signal and should not approach the trailer while forklifts were...

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Personal Injury Negligence Claim / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff in the sum of $401,428.46 after a 35% reduction for contributory negligence.
Legal Topics
['civil Liability Act 2003 (qld)' 'truck Driver Off Site Accident' 'forklift Unloading System of Work' 'credibility' 'causation' 'contributory Negligence' 'workers Compensation Act 1987 (nsw) S 151 Z' 'assessment of Damages']
['negligence' 'personal Injury' 'damages' 'workers Compensation'] ['civil Liability Act 2003 (qld)' 'truck Driver Off Site Accident' 'forklift Unloading System of Work' 'credibility' 'causation' 'contributory Negligence' 'workers Compensation Act 1987 (nsw) S 151 Z' 'assessment of Damages']

Case Brief

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Procedural Posture

Personal Injury Negligence Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant breached its duty of care when a cotton bale fell from a trailer during unloading at its premises.' "Whether the defendant's breach caused the plaintiff's injuries." 'Whether the plaintiff was contributorily negligent by leaving the safety zone while forklifts were unloading.' "Whether the defendant was entitled to a reduction under Workers Compensation Act 1987 (NSW) s 151Z for notional liability of the plaintiff's employer." "What damages should be awarded for the plaintiff's injuries and losses."]

Ratio Decidendi

The risk of harm was that a cotton bale would fall from a trailer during unloading, a foreseeable and not insignificant risk. The defendant had a system requiring truck drivers to remain in a safety zone while forklifts unloaded and requiring forklift operators not to unload unless the driver was in the safety zone. A bale fell while the plaintiff was adjacent to the trailer and forklifts were operating, showing a fundamental failure by the defendant's forklift operators to comply with that system and causing the plaintiff's injuries. The plaintiff also knew he should not leave the safety zone without an appropriate signal and should not approach the trailer while forklifts were...

Court Disposition

Judgment for the plaintiff in the sum of $401,428.46 after a 35% reduction for contributory negligence.

Orders

  • ['Judgment for the plaintiff for the sum of $401,428.46.' "The defendant is to pay the plaintiff's costs." "Should the parties seek a variation on that costs order, liberty to apply on 3 days' notice."]