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Woolies told to pay damages

Woolworths had accepted liability for the injury, however, submitted that general damages of $25,000 were appropriate on the basis the injury had resolved to be a "nuisance".
Woolworths had accepted liability for the injury, however, submitted that general damages of $25,000 were appropriate on the basis the injury had resolved to be a "nuisance". Kieran Salsone

WOOLWORTHS have been ordered by a court to pay former employee Darryl Duck almost $137,000 in damages for injury sustained at work.

Mr Duck, 48, incurred a Lisfranc injury of his right foot when he slipped off a metal ladder while working as a night manager in Stanthorpe in 2005.

A Lisfranc injury occurs when there is a dislocation or fracture and dislocation between the forefoot and midfoot joints.

During District Court proceedings in Brisbane, the court heard Mr Duck had walked to the back of the store about 2am, November 10, 2005, to lock rubbish bins.

He had been accessing the dock area by a ladder when he slipped off the top rung.

Judge David Andrews SC found the ladder had consisted of four cylindrical rungs bolted to a wall.

Mr Duck's foot injury had not been properly diagnosed for almost a year until an MRI was done in September 2006, the court heard.

Woolworths had accepted liability for the injury, however, submitted that general damages of $25,000 were appropriate on the basis the injury had resolved to be a "nuisance".

However, Judge Andrews found the injury was more significant and that it continued to interfere with Mr Duck's active lifestyle and continued to cause him pain at work.

Mr Duck, who now worked in bicycle sales and maintenance, was awarded $136,732 based on general damages, past economic loss, future economic loss and special damages.

Topics:  court, employee, injury, woolworths


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