Parker v Lamezia Pty Limited [2009] NSWDC 351

New South Wales District Court

CITATION: Parker v Lamezia Pty Limited [2009] NSWDC 351

HEARING DATE(S): 3 September 2009 EX TEMPORE JUDGMENT DATE : 3 September 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. Verdict and judgment for the plaintiff in the sum of $364,875.00 calculated in accordance with the plaintiff's Schedule of Damages marked Exhibit F. DECISION: 2. The defendant is to pay the plaintiff's costs of the proceedings. Having regard to the substantial issues of contributory negligence and loss of income earning capacity I consider it appropriate that Senior Counsel be retained and I so certify. 3. The exhibits are returned

CATCHWORDS: Work injury damages following crush injury to dominate right hand - Reduction of capacity to work from 70 to 40 hours per week - Buffer for disadvantage in the open market

PARTIES: Robert William Parker (Plaintiff) Lamezia Pty Limited (Defendant)

FILE NUMBER(S): 34/09

COUNSEL: I Roberts SC (For the Plaintiff) J Martin (For the Defendant)

SOLICITORS: Walsh And Blair Solicitors (For the Plaintiff) Sparke Helmore Lawyers (For the Defendant)

JUDGMENT

1 Mr Robert William Parker suffered a serious crush injury to his right hand when it was caught in the roller of an onion sorting and bagging machine operated by Lamezia Pty Limited, his employer.

2 He is left hand dominant. His whole person impairment has been assessed variously at between twenty-nine and thirty-two percent.

3 The issue of liability was not conceded by the defendant but no questions were asked of the plaintiff and no submissions put to the court in argument. The defendant did advise the court that it proposed to argue that the plaintiff had contributed to the injury and some questions were put to him but no evidence was called by the defendant and no submissions were put on the topic in argument.