Taleb v Woolworths Limited [2010] NSWDC 238

New South Wales District Court

CITATION: Taleb v Woolworths Limited [2010] NSWDC 238

JUDGMENT DATE: 22 October 2010

JUDGMENT OF: Murrell SC DCJ

DECISION: Verdict and judgment for the plaintiff in the sum of $36,434.50

CATCHWORDS: TORTS - collision within warehouse premises - motor vehicle accident - contributory negligence - employer as joint tortfeasor - DAMAGES - future economic loss

LEGISLATION CITED: Motor Accidents Compensation Act 1999 Workers Compensation Act 1987

Grljack v Trivan Pty Ltd (In Liq) [1994] 35 NSWLR 82 (Grljak No 1) CASES CITED: Kendrick v Bluescope Steel (AIS) Pty Ltd [2007] NSWSC 1288 Forstaff Blacktown Pty Ltd v Brimac Pty Ltd & Anor [2005] NSWCA 423

PARTIES: Jamal Taleb Woolworths Limited

FILE NUMBER(S): 2009/335018

COUNSEL: Mr Boyd of Counsel for Plaintiff Mr Morris of Counsel for Defendant

SOLICITORS: Anthony Porthouse, Kheir & Associates Solicitors Berry Buddle Wilkins

1 The plaintiff was a casual driver employed at the Flemington Produce Markets by Toll Pty Limited. On 25 February 2006 he was driving a pallet jack inside Woolworths Shed X, a large warehouse occupied by Woolworths Limited, when a forklift truck driven by a Woolworths employee hit his right foot. As a result, the plaintiff's right little toe was partially amputated.

2 It is agreed that the matter is to be determined in accordance with the Motor Accidents Compensation Act 1999.

Issues (1) Whether the plaintiff was a credible witness. (2) Whether the driver of the forklift truck was negligent. (3) Whether the plaintiff was guilty of contributory negligence. (4) Whether Toll was negligent, and its contribution as joint tortfeasor. (5) The extent of past and any future economic loss.