CENTRAL COAST HOSPITALS and AREA HEALTH SERVICE v DRENNAN [1994] NSWCA 46

CENTRAL COAST HOSPITALS and AREA HEALTH SERVICE v DRENNAN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, PRIESTLEY and POWELL JJA 30 May 1994, 30 May 1994 [1994] NSWCA 46

NEGLIGENCE — industrial accident case — fellow employee hoses down steps — whether negligent — whether material on which trial Judge could find negligence — HELD: (1) There was evidence on which trial Judge could find negligence; (2) normally a court requires expert evidence of alternative systems of work where it is alleged that a particular system of work is negligent. However in the present case a court did not require such evidence because it was entitled to use its ordinary experience and commonsense.

Hamilton v Nuroof (Western Australia) Pty Ltd (1956) 96 CLR 18 applied; Australian Iron and Steel Ltd v Krestevski (1973) 128 CLR 66 distinguished.

Handley JA This is a defendant's appeal in an industrial accident case arising out of an accident which occurred at Gosford District Hospital on 9 March 1983. The case did not come on for hearing before Wood J until 19 September 1990 and unfortunately the appeal to this Court had not come on for hearing until today.

The trial Judge found that an employee of the hospital - one described in the evidence as "Ray" - a cleaner, had been guilty of a casual act of negligence in hosing down in an over enthusiastic manner some steps at the hospital leading to the catering office.

The plaintiff was employed in the hospital as a porter and messenger and had walked up the flight of some six steps to the small landing at the door of the catering office at a time when the steps were dry, and so far as the evidence goes free of any hazard. Having completed a delivery he came out of the office. In the meantime Ray had, as I said, over-enthusiastically hosed down the steps and the landing so that these were - as one of the witnesses said - awash. The plaintiff slipped on the wet landing or perhaps on the top step, became airborne and fell heavily on his back sustaining serious injuries for which the trial Judge assessed damages in the amount of $498,397 after deducting substantial workers' compensation payments.