Carr v O'Donnell Griffin; Carr v Wagga Mini Mix and Pre-Cast Concrete Pty Limited [2013] NSWSC 840

Carr v O'Donnell Griffin; Carr v Wagga Mini Mix and Pre-Cast Concrete Pty Limited [2013] NSWSC 840

Both O'Donnell Griffin (principal contractor/site controller) and Wagga Mini Mix (employer) owed and breached duties of care to the plaintiff by failing to inspect for and remove hidden hazards (metal post), failing to provide adequate supervision and spotters, and failing to ensure safe systems of work. The injury was foreseeable, the system of work unsafe, and precautions reasonable. Liability is apportioned 75% to O'Donnell Griffin and 25% to Wagga Mini Mix. No contributory negligence is attributed to the plaintiff. Damages to be assessed as per judgment and updated calculations.

Jurisdiction
Australia
Judgment Date
27 June 2013
Procedural Posture
Tort (personal Injury) / Principal Judgment/decision on Liability and Quantum
Outcome
Judgment for the plaintiff; both defendants found negligent and liable (O'Donnell Griffin 75%, Wagga Mini Mix 25%); no contributory negligence; damages to be finalised upon bringing in short minutes of orders with updated calculations.
Legal Topics
['negligence' 'joint Tortfeasors' 'duty of Care' "employer's Liability" 'non Delegable Duty' 'workplace Safety' 'damages Assessment' 'contributory Negligence' 'apportionment of Liability' 'psychiatric Injury']
['torts' 'personal Injury' 'employment Law'] ['negligence' 'joint Tortfeasors' 'duty of Care' "employer's Liability" 'non Delegable Duty' 'workplace Safety' 'damages Assessment' 'contributory Negligence' 'apportionment of Liability' 'psychiatric Injury']

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Procedural Posture

Tort (personal Injury) / Principal Judgment/decision on Liability and Quantum

Legal Issues

  1. 1 ["Whether O'Donnell Griffin and Wagga Mini Mix owed and breached a duty of care to the plaintiff." 'Whether the plaintiff contributed to his own injuries (contributory negligence).' 'Apportionment of liability between joint tortfeasors.' 'Assessment of damages for personal injuries, including economic and non-economic loss.']

Ratio Decidendi

Both O'Donnell Griffin (principal contractor/site controller) and Wagga Mini Mix (employer) owed and breached duties of care to the plaintiff by failing to inspect for and remove hidden hazards (metal post), failing to provide adequate supervision and spotters, and failing to ensure safe systems of work. The injury was foreseeable, the system of work unsafe, and precautions reasonable. Liability is apportioned 75% to O'Donnell Griffin and 25% to Wagga Mini Mix. No contributory negligence is attributed to the plaintiff. Damages to be assessed as per judgment and updated calculations.

Court Disposition

Judgment for the plaintiff; both defendants found negligent and liable (O'Donnell Griffin 75%, Wagga Mini Mix 25%); no contributory negligence; damages to be finalised upon bringing in short minutes of orders with updated calculations.

Orders

  • ['The parties are to bring in short minutes of order reflecting the up to date figures for damages to the judgment date and the s 151Z(2) apportionment.']