The injured worker was employed as a casual truck driver and was driving a fully loaded tip-truck when the gearbox “neutralized” causing the driver to lose control and crash.

The driver sustained injuries to his head, back and knee, requiring surgical intervention and leading to ongoing difficulties and inability to work.

The employer had allegedly been notified of the truck’s faulty gearbox, including the tendency for it to “neutralize” when changing between high and low range.

The court found that the defendant was liable for the plaintiff’s injuries and awarded damages of $864,155, consisting of the following:

• Pain and suffering: The plaintiff was awarded a lump sum of $140,000 for the pain and suffering caused by the injuries sustained in the accident.
• Past economic loss: The plaintiff was awarded $40,788 for loss of income and superannuation contributions during the period of their recovery.
• Future economic loss: The plaintiff was awarded $155,000 for loss of earning capacity, which was calculated based on the plaintiff’s reduced ability to work in the future as a result of their injuries.
• Medical expenses: The plaintiff was awarded $26,235 for past medical expenses, which included the cost of surgeries, consultations, and rehabilitation.
• Future medical expenses: The plaintiff was awarded $30,000 for future medical expenses, which included ongoing rehabilitation and medical treatment.

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