Guinery v S H Gowing & Co Pty Limited [2013] NSWDC 51

District Court New South Wales

Medium Neutral Citation: Guinery v S H Gowing & Co Pty Limited [2013] NSWDC 51 Hearing dates: 26 - 28 March 2013 Decision date: 28 March 2013 Before: Neilson DCJ Decision: I give verdict and judgment for the plaintiff against the defendant for $609,219.79 I order the defendant to pay the plaintiff's costs Catchwords: PERSONAL INJURY - Tort of negligence - Defendant former employer of plaintiff - Claim for damages for economic loss only - In 2003 plaintiff sustained injury whilst manually unloading a large crate from the back of a truck - Defendant negligent in failing to obtain use of forklift - Plaintiff sustained direct inguinal hernia - Plaintiff had surgery, took time off work and returned on light duties - Ongoing symptoms in plaintiff's groin and lower back - Also developed pain in right hip - Plaintiff felt his boss and workmates regarded him as a liability - Plaintiff decided to give up working for defendant - Plaintiff found alternative employment as a trades assistant - Plaintiff had previously worked as a specialist tradesmen between 1978 to 2005 - Plaintiff changed employment to trainee locomotive driver - Plaintiff continued to suffer worsening symptoms in groin, back and hip and has considered leaving current employer - Plaintiff earning more than he would if he had stayed with defendant - Plaintiff's case that but for injury would have left defendant and entered the coalmining industry - Evidence of plaintiff's attempts to secure alternative employment before date of injury - Whether plaintiff would likely have obtained employment in mining industry Legislation Cited: Workers Compensation Act 1987 ss 66, 67, 151 Workplace Injury Management and Workers Compensation Act 1998 s 316 Cases Cited: Najdovski v Crnojlovic [2008] NSWCA 175 Category: Principal judgment Parties: Stephen Guinery (Plaintiff) S H Gowing & Co Pty Limited (Defendant) Representation: Mr G Beauchamp (Plaintiff) Mr G Guest (Defendant) Firths The Compensation Lawyers (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2012/209262