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Foster v Carter & Anor [2017] QSC 135 Mullins J 28 June 2017

Karen Foster was in control of the bus when it was hit by an out of control Holden Commodore on a traffic roundabout in September 2014. A bus driver who “exaggerated” the force of a traffic accident and the extent of her injuries has been awarded substantial damages by a Brisbane court.

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Jackson v KAH Australia Pty Ltd t/as Bayview Boulevard Sydney [2017] NSWSC 747 Harrison AsJ 23 June 2017

The Supreme Court of New South Wales was asked, can a person whose unsafe premises causes an injury, be held responsible for the consequences of a further accident sustained by their victim as a result of the resulting unsteadiness on his or her feet? When assessing the claim by alternative medicine practitioner Liana Jackson who slipped and fell in the foyer of Sydney’s Bayview Boulevard Hotel in July 2011 as guests quickly retreated to shelter from a ferocious thunderstorm.

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Brown v Holzberger [2017] QSC 054 ; [2017] 16 QLR (16/5) McMeekin J 12 April 2017

In a June 2013 collision in downtown Bundaberg, a driver turning across oncoming traffic claims, never to have seen the oncoming vehicle. The other driver, claims the turning vehicle drove across their path without warning, making a collision unavoidable.

Both versions can’t be right.

Ashley Brown claimed the Hyundai 4WD turned in front of his motorcycle when he was “only a car length or two away”. This was at odds with the recall of Robert Holzberger who was travelling from the opposite direction and did not see the Kawasaki Ninja 650cc motorcycle before he commenced his turn into Reddan St.

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Thuong v Liu [2017] QDC 196 Searles DCJ 19 July 2017

A week after the July 2015 motor accident in Padstow Road, Eight Mile Plains, Jay Thuong saw his GP for treatment of the gradual onset of neck and shoulder pain. Mr Thoung undertook, thirty-four sessions of physiotherapy and took painkillers to deal with headaches, nausea, pain and reduced range of motion in his neck all of which featured in the medical records.

Mr Thoung, returned to casual work at BWS liquor store in Richlands just 4 days after the accident for much the same number of hours that he had previously done, prompting the insurer to contend the facts could not sustain any income loss claim.

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Birch v AAI Limited [2017] QDC 066 Durward SC DCJ 21 March 2017

It took more than 3 years for Toni Birch injuries to manifest as serious anxiety and depression after witnessing a head-on highway collision, that by then prevented her from working.

In February 2012 she had been heading south on the Bruce Highway towards Townsville when she saw the approaching headlights lights of a Toyota land cruiser speeding towards her on the wrong side of the road. She took evasive action but the preceding Mitsubishi collided in “an explosion” with the northbound 4WD.

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Covey v State of Queensland [2017] QSC 023 North J 27 February 2017

A misstep on stairs rarely results in compensation because it is a function of the person using them rather than of the stairs themselves.

Likewise, minor stairway design deficiencies are usually excused if a fall originates in that way. Especially in the absence of prior injuries at the location.

What then of a fall caused by misplaced footing on concrete hospital fire stairs with a minuscule differential in riser height?

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Barker v Commonwealth of Australia [2016] QSC 310

Geoff Barker had approximately 7 standard drinks at the bar before arrival at the airport in Port Moresby to board the Air Niugini flight PX025 to Brisbane in November 2011.

The specialist pipeline welder denied he had 3 more drinks on the flight but accepted he drank a “coffee cup of whiskey and coke” poured for him by his travelling companion from a duty-free bottle purchased at the airport. According to witnesses, on arrival at Brisbane shortly before 5 pm, his speech was slurred, “his face was red, his eyes were bloodshot and watery and he appeared unsteady”.

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Hamilton v State of New South Wales (No 13) [2016] NSWSC 1311 Campbell J 16 September 2016

The story begins with a “quite intoxicated” Thomas Hamilton returning with two others to an apartments in Sydney’s Rocks district in December 2009. All in high spirits, they had been guests aboard a private harbour cruise.

An argument was sparked by the trio’s banter over the route chosen by the taxi driver that soon followed, according to the driver in the form of repeated deeply offensive racist taunts from a person with a Scottish accent.

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Valentine v D & C Masters Painters & Decorators P/L [2016] QDC 203 Robertson DCJ 11 August 2016

A tradesman claiming compensation for a serious back injury left the identification of the hazardous door mat on which he had slipped to a comparison with stock on the shelves
at Bunnings nearly two years after his fall. Shane Valentine was preparing to leave the housing commission property at the end of his days’ work in March 2012.

As he was opening a screen door to reach the handle of the front entry to make his exit, his left foot went out from under as he placed it on the inside mat. Unable to recall precisely
the material on its underside and unable to gain access to the premises to find out for sure, he resorted to the local hardware warehouse to take photos of mats he believed it most
resembled.

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Woolworths Ltd v Berhane [2016] QCA 238 Philip McMurdo JA 19 September 2016

An Eritrean migrant injured in the course of order picking duties at the Fresh Foodies’ Larapinta distribution centre has defeated his employer’s
security for costs application and set up an appeal as the final chapter in his marathon litigation. A 54-year-old electrician, Berhane Berhane, arrived
in Australia in 2008 with his wife and children but because he could not get accreditation worked as a cleaner in hotel and completed a forklift
operating ticket and a warehouse logistics training course.

He started with Woolies in August 2010 and in June 2011, when assembling his second-order for the day, he felt pain in his left shoulder later diagnosed
as bursitis.

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