Jesionkowski v Illawarra Retirement Trust [2000] NSWSC 1013

Jesionkowski v Illawarra Retirement Trust [2000] NSWSC 1013

The defendant breached its duty by maintaining a cleaning regime that exposed employees to risk during peak hallway use, failing to adequately minimise risk. The plaintiff was not guilty of contributory negligence as her actions were reasonable under the circumstances.

Source-derived case information.

Parties
Plaintiff: Lisa Rae Jesionkowski; Defendant: Illawarra Retirement Trust
Jurisdiction
Australia
Judgment Date
03 November 2000
Procedural Posture
Negligence Personal Injury / Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Employer's Duty of Care, Personal Injury, Assessment of Damages, Contributory Negligence
Tort Law Employment Law Negligence Employer's Duty of Care Personal Injury Assessment of Damages Contributory Negligence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lisa Rae Jesionkowski

Plaintiff

Illawarra Retirement Trust

Defendant

Procedural Posture

Negligence Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant breached its duty of care as an employer to the plaintiff resulting in personal injury
  2. 2 Whether the cleaning regime at the nursing home created an unreasonable risk of injury
  3. 3 Whether the plaintiff was contributorily negligent

Ratio Decidendi

The defendant breached its duty by maintaining a cleaning regime that exposed employees to risk during peak hallway use, failing to adequately minimise risk. The plaintiff was not guilty of contributory negligence as her actions were reasonable under the circumstances.

Court Disposition

Judgment for the plaintiff

Orders

  • Damages assessed at $570,654 (subject to further adjustment for superannuation, interest, costs, and deduction of workers compensation paid to date)
  • Matter stood over for consideration of outstanding financial adjustments and formal orders.