Hemmant’s List member Kara Thomson, instructed by DWF Law, appeared for the successful defendant in the recent matter of Goldthorpe v HJS Store Pty Limited [2025] QDC 209.
The plaintiff, employed by the defendant as a delivery driver, claimed damages for a soft tissue back injury sustained whilst delivering a fridge.
In summary, Justice Loury found the plaintiff contributed to his injury based on:
- his failure to disclose a pre-existing injury during his job interview with the defendant; and
- a finding he knew or ought to have reasonably known that he was not fit to perform the duties required of him in light of his pre-existing back injury and previous medical advice provided to him that he should not lift heavy objects.
Her Honour did not need to determine the reduction in damages resulting from the finding of contributory negligence in circumstances where:
- the plaintiff was employed on a fixed term contract for four weeks;
- the plaintiff’s soft tissue back injury resolved with no ongoing incapacity and consequently no award was necessary for future economic loss; and
- the refund owed to WorkCover exceeded the award of $1,535 for general damages for the soft tissue injury to the plaintiff’s back.
The plaintiff’s claim was dismissed and the plaintiff ordered to pay the defendant’s costs on the standard basis.