Qld man awarded $318k for broken wrist
A Queensland man who broke his wrist working late at night at a Cairns boat ramp has been awarded almost $320,000 in compensation.
Richard Garth, a 50-year-old foreman, was locking up the premises of BSE Cairns Slipways in August 2012 when he tripped on a metal box.
The company accepted primary liability but argued Mr Garth contributed to the accident because he wasn't watching where he stepped or using a torch.
The court heard Mr Garth had worked at the premises for six months prior to the accident and was familiar with the area, developing a sense of complacency.
District Court Judge Dean Morzone QC accepted it was a particularly dark night and said the torch available to Mr Garth was "dim and inefficient".
In a judgment published on Monday, he said Mr Garth had an "overly optimistic" view of his future work prospects given how his injury restricts him.
"Having regard to the whole of the evidence, I find that the plaintiff is significantly limited in employment opportunities in the future," he said.
After the accident, Mr Garth developed "hellish pain" in his left wrist and said he struggled not to "black out".
He underwent two surgeries and still suffers loss of strength and movement, swelling and aching pain.
But in 1991, he suffered a fracture in his left hand and BSE argued Mr Garth's symptoms were a result of a pre-existing condition.
Judge Morzone did not accept that contention and awarded Mr Garth a total of $318,183, which included $250,000 for future economic loss and significant amounts to cover upcoming surgeries he will require.
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