Case Overview
- The Plaintiff quit her job after becoming trapped under a bookshelf. Due to the nerve damage to her right arm the Plaintiff did not have the strength to push the book shelf off her.
- The Defendants were found to have not provided a safe system of work, which resulted in the injuries and disabilities to the Plaintiff.
- The Plaintiff was awarded $593,700.00 in compensation.
The Plaintiff was a 45 year old Canberra women who suffered from Guillain-Berre Syndrome, a form of nerve inflammation, as an adolescent. This had left her with some unsteadiness in her hands and feet.
The Plaintiff had two adult children, who also lived in Canberra, and two adolescent children from her second marriage.
With a limited work history the Plaintiff completed a coffee preparation and presentation conducted by Lavazza Caffe Expresso. Ultimately the Plaintiff attained a job at Madeleine’s Cafe owned by the Defendant Hospital, Cavalry Hospital.
The Plaintiff was employed at the Cafe for roughly 4 years, from 2004 until 2008. In April 2006 the Plaintiff first made complaint of pain in the elbow and down the wrist of her right hand side. By November 2006 the pain had spread to her shoulder and her rights was swollen and turning blue.
In January 2007 the Plaintiff was diagnosed with Thoracic Outlet Syndrome and had surgery to remove the first rib on the right side. She returned to work shortly after, January being a “quiet period”.
In July 2007 the Cafe was bought from the hospital by Zouki, a Sydney based company.
In November 2008 the Plaintiff quit her job after becoming trapped under a bookshelf. Due to the nerve damage to her right arm the Plaintiff did not have the strength to push the book shelf off her.
The Defendants were found to have not provided a safe system of work, which resulted in the injuries and disabilities to the Plaintiff.
“I really don't think I could have got through all that without you guys. I want to wish you, and everyone at Gerard Malouf & Partners, all the very best in the future.”
Our Client
Our Approach
Senior counsel for the Plaintiff submitted that the Plaintiff’s loss of earnings would be a loss of $481.00 per week. The judge found that at the time of the trial, Plaintiff’s earnings would have been $640.00 per week and awarded $140,000.00 in past economic loss.
There had been substantial workers compensation payments made in the order of $135,000.00. Interest was awarded on a small portion of past income loss not yet paid.
It was accepted by the Court that the Plaintiff was unlikely to obtain gainful employment in the future and the judge award $650.00 per week until the retirement age of the Plaintiff. Making a total of $300,000.00 for the loss of earnings that the Plaintiff suffered. The judge also awarded on this amount the loss of employer funder Superannuation benefits.
The Judge made generous allowances for both past and future medical and treatment expenses.
The Court also allowed a component to cover the commercial value of the service provided gratuitously by the Plaintiff’s family. The Plaintiff’s injuries were such that it means that she would continue to have difficulties doing the heavier domestic duties.
The Result
The final sum awarded to our client was $593,700.
Explore
More Personal Disability Claims
Insurance company loses appeal over rejection of TPD benefit
A former police officer in NSW faced an appeal regarding her insurance benefits. She had experienced severe psychological injuries that prevented her from working. The
PTSD sufferer slams insurer for gruelling TPD treatment
A former police officer who developed post-traumatic stress disorder (PTSD) after witnessing harrowing events on the job has complained about the treatment he received from
Machine learning in the fight against disease
Technology is no doubt a massive driver of innovation and advancement. There is no clearer example of this than the field of medicine. For those looking at
New cancer treatments for the future
Like many debilitating diseases, cancer can have a major impact on your quality of life. Yet, with the Australian government pointing out that there were
New nursery dangers resulting in TPD claims
Australian workers spend their lives in a diverse range of industries, while mining and construction are often touted as being two of the most important
Constructive denial is a tactic used by insurers to deny disability coverage
The case of an injured policeman who was denied his claim for disability coverage by the state's police insurer at first had his claim upheld before an
