ST LAWRENCE v McKENNA & ORS [2007] NSWSC 1245

ST LAWRENCE v McKENNA & ORS [2007] NSWSC 1245

The plaintiff was not guilty of contributory negligence because he was within sight of the forklift operator, was reasonably entitled to expect the operator would not move the vehicle until he was clear, and workplace instructions reinforced the obligation on drivers to ensure safety of people on the ground.

Jurisdiction
Australia
Judgment Date
29 October 2007
Procedural Posture
Civil / Judgment on Contributory Negligence
Outcome
Plaintiff not guilty of contributory negligence
Legal Topics
['contributory Negligence' 'personal Injury' 'workplace Accidents' 'damages Assessment']
['negligence'] ['contributory Negligence' 'personal Injury' 'workplace Accidents' 'damages Assessment']

Case Brief

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Procedural Posture

Civil / Judgment on Contributory Negligence

Legal Issues

  1. 1 ['Whether the plaintiff was guilty of contributory negligence in the workplace accident']

Ratio Decidendi

The plaintiff was not guilty of contributory negligence because he was within sight of the forklift operator, was reasonably entitled to expect the operator would not move the vehicle until he was clear, and workplace instructions reinforced the obligation on drivers to ensure safety of people on the ground.

Court Disposition

Plaintiff not guilty of contributory negligence

Orders

  • ["Plaintiff not guilty of contributory negligence; damages to be determined by schedule reflecting court's guidance."]