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Carter Capner
Quinn v State of Queensland (No. 2) [2016] QDC 156 A bowel cancer patient on the public list at Rockhampton hospital has battled objections to the delay in start of injury compensation proceedings caused by the 3 ½ years it took to obtain a medical report supportive of her case against a surgeon who provided unconventional...
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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...
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Goodfellow v Clarke [2015] QDC 193 A Rockhampton compensation claimant has convinced a court his degenerative disc condition – commonly thought to be age related – was as a direct result of a multi vehicle collision on the Bruce Highway near Calliope in which he was a passenger. Council plant operator Michael Goodfellow was ambulanced to the Gladstone Hospital but the...
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James v Surfers Jet [2015] QDC 233 The Paradise Point outing in April 2010 was intended to give all staff who rolled up the thrill of an authentic jet boat ride on the Southport Broadwater, 14 passengers at a time. Walter James and his wife boarded first and sat at the starboard end of the rear row. Although the...
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Endeavour Energy v Precision Helicopters Pty Ltd [2015] NSWCA 169 In April 2006 two Endeavour Energy employees were conducting an aerial inspection of power lines and poles near Wiseman’s Ferry north of Sydney in an helicopter supplied – with  crew – by Coff’s Harbour based Precision Helicopters. The Bell Jet Ranger was flying south down the...
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Ireland v B & M Outboard Repairs [2015] QSC 084 A Townsville outboard motor repair shop has been held liable for severe injuries sustained by a customer as a result of injuries caused by its workmanship. Colin Ireland’s Haines Hunter half-cabin exploded at the Oyster Point jetty around 4am on an April 2006 Monday, just as he...
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Ellery v Sunsail (Australia) Pty Ltd [2014] QDC 285  The failure to adequately brief an 80-yr-old charter yacht passenger before she boarded a vessel in Hamilton Island harbour is alleged to have caused the fractured spine that resulted from her fall down the galley stairs moments later. Read more… Reproduced with the permission of Carter Capner Law
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Reitano v Shearer & Anor [2014] QCA 336 RACQ admitted fault on the part of its insured driver for a Mackay intersection accident in January 2008 but fiercely contested the amount of compensation that was fair to be paid under the CTP insurance policy to the injured driver of the other vehicle. Read more… Reproduced with the permission of...
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Du Pradal & Anor v Petchell [2014] QSC 261 It was a perfect Sunday in June 2008 when the pair sped from Scarborough across the calm waters of the bay, for a morning of spearfishing at Cape Moreton. Jacques Du Pradal skippered the 5.5 m Viking to a reef 2nm east of the lighthouse where he and dive companion...
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Tinworth v Haydon & Insurance Australia Limited[2014] QCA 183  Steven Tinworth was heading south in heavy rain along the Cuningham Highway on 10 January 2011 about 50 km to the east of where – just a few hours later – an inland tsunami sweeping down the Lockyer Valley would tear asunder lives and property. Read more… Reproduced with the...
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