SEYMOUR v CUMBERLAND AREA HEALTH SERVICE [1996] NSWCA 472

SEYMOUR v CUMBERLAND AREA HEALTH SERVICE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and BEAZLEY JJA 5 September 1996, 25 September 1996 [1996] NSWCA 472

Work related injury — evidence — failure to establish nexus between weight of object lifted and plaintiff's injury

Work related injury — evidence — failure to establish nexus between object moved by plaintiff and plaintiff's injury.

HELD:

By Priestley, Meagher, Beazley JJA agreeing:

The trial judge was correct in holding that the appellant's claim should fail because she had failed to establish a nexus between the weight of the object moved and the injury suffered by her.

FACTS:

The appellant claimed damages for an injury received whilst working as a porter at Westmead Hospital. The injury was sustained in the course of pushing a bed with a patient in it from one ward to another. The appellant claimed that the bed was a water filled bed and one that was significantly heavier than the beds she was used to pushing.

At the trial, no accurate description of the mattress could be produced. As such, it was not possible to determine the weight of the mattress that allegedly caused the injury. The trial judge held that, in the circumstances, no causal relationship between the mattress and the injury could be established.

ORDERS:

1. Appeal dismissed with costs.

Priestley JA

In Meagher JA's reasons, which I have had the advantage of reading in draft, he mentions that the trial judge had found that the plaintiff had not shown any nexus between the weight of the mattress and her accident. The criticisms by senior counsel for the plaintiff of this aspect of the trial judge's reasons, although of some force and persuasion, are subject to the weaknesses pointed out by Meagher JA, with whose observations in this respect I agree.