Cosic v G James Safety Glass (Qld) Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: Cosic v G James Safety Glass (Qld) Pty Ltd [2019] QDC 170 PARTIES: DOBRICA COSIC(plaintiff) v G JAMES SAFETY GLASS (QLD) PTY LTD (defendant) FILE NO.: 4205/16 DIVISION: Trial Division PROCEEDING: Civil DELIVERED ON: 20 September 2019 DELIVERED AT: Brisbane HEARING DATE: 14, 15, 16, 17, 20,  21 May and 5 June 2019 JUDGE: Rosengren DCJ ORDER: Judgment for the plaintiff in the sum of $469,931.45 CATCHWORDS: TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – GENERALLY – where the plaintiff claims damages for injuries suffered in the course of employment with the defendant – where both liability and quantum of damages are in contention TORTS – NEGLIGENCE – BREACH OF DUTY – where the plaintiff was operating a lifter and attempting to unload a glass pane on a production line and sustained an injury to his lower back – whether the risk of injury was foreseeable and not insignificant – where it was the plaintiff’s case that he was not trained to operate the lifter and was pulling the lifter laterally across his body – where the defendant’s case is that the plaintiff was not injured when operating the lifter in the manner alleged and that he was trained – whether unknown to the defendant the plaintiff was vulnerable to a lumbar spine injury on account of pre-existing degeneration and/or a rheumatology condition – where the defendant did not have a record of previous similar incidents TORTS – NEGLIGENCE – CAUSATION – where...