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Personal Injuries – Products
(re Dargan) Amaca Pty Limited v Northern Sydney Health Services & Ors [2017] NSWDDT 1 In re Dargan, the plaintiff suffered from mesothelioma and before his death, the plaintiff received from WorkCover the statutory benefit of $627,407.00 and entered into an agreement with WorkCover to pursue a claim against Amaca Pty Limited (“Amaca”). The terms...
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Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22 (8 June 2016) I refer you to the High Court’s judgment summary. In allowing the appeal the High Court held as follows regarding causation: Causation Having found that Mr McDermott had not established that Robinson breached its duty of care to him, the judge did not...
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BlueScope Steel Ltd v Cartwright [2015] NSWCA 25 The employee driver in first instance was successful, but lost the appeal on the finding that the speed of the truck caused the load to become unstable. In determining whether the manufacturer of the product, which product moved in the truck had any liability by reference to guidelines/warnings...
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McDermott & Ors v Robinson Helicopter Company Incorporated [2014] QCA 357 The appeal was against the manufacturer involving a fatal helicopter crash. The decision involved complex expert evidence about the failure of the bolt because it was incorrectly torqued. Ultimately, Wilson J accepted for detailed reasons, which McMurdo P concurred, that the respondent manufacturer “had...
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Mellare v United Pacific Industries Ltd [2014] NSWSC 1626 The baby’s mother had purchased a gel pack which she used to treat a burn to his hand in 2010. In her momentary absence, four year old Jason Mellare bit into the skin of the pack, puncturing it and ingesting its toxic contents. He deteriorated rapidly and was treated...
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Peterson v Merck Sharp & Dohme (Australia) Pty Ltd [2012] HCATrans 105 (11 May 2012) Further to my earlier post – the High Court declined the Special Leave application on the causation finding ending the class action. I refer you to the transcript and in particular the continuing discussion of the U.K and Canadian decisions of:...
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Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 381 This case turned on factual and expert evidence about the probable source of the Salmonella. Ultimately, Rothman J accepted it was due to the cross contamination at the KFC owned store and not another source. In finding for the plaintiff Rothman J found...
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