Truck co agitates against driver’s neck $$: “story changed by new allegations”

Jetcrete Oz Pty Ltd v Conway & Anor [2015] QCA 272

A cement-truck driver who sustained serious spinal injuries when his head struck the roof of the cab as it traversed a rocky portion of a decline at a Mt Isa mine has blamed a sub-standard driver’s seat for his injury.

Austen Conway’s case was that during his Christmas Day shift in 2010 – because he “hit the retarder brake to 75%” after first impact with the rocks – he was thrown around in his seat and into the roof.

He engaged solicitors who delivered a notice of claim against Mt Isa Mines and Jetcrete in August 2011 that included allegations they failed to provide training and “adequate safety equipment” to avoid such injury.

A lawsuit was filed in September 2012 particularising Jetcrete’s and MIM’s liability. The allegations included “failure to take reasonable precautions to avoid foreseeable risk of injury whilst the plaintiff was undertaking work at the mine”.

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Reproduced with the permission of Carter Capner Law

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