Event and Time
Event Description
- Date: 4 July 2018
- Incident: The plaintiff, a 50-year-old assistant in nursing (AIN) employed by DPG Services Pty Ltd, was in a passenger elevator with two colleagues.
- Description: While descending, the elevator stopped suddenly when its power supply was intentionally interrupted to test a backup generator without any prior warning.
Application and Claims
- The plaintiff claims to have sustained a jolting axial injury to her lumbar spine due to the abrupt stop.
- She alleges that this resulted in lasting disabilities, rendering her unfit for her pre-injury employment.
- The plaintiff asserts the defendants (occupiers of the premises) breached their duty of care by not isolating the elevator during testing and failing to warn passengers of the risks.
Judicial Decisions
- The document mentions a decision with orders outlined in paragraph [241], although the specific details of those orders are not provided in the summary.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- The elevators were not isolated for testing while being used by passengers. - No warnings were provided to passengers regarding the potential risks of using the elevator during the test. - The duty of care required the defendants to either ensure isolation during testing or to warn passengers of associated risks.
- Defendants' Counterarguments:
- Likely challenged the extent of their duty of care, possibly contending that they took necessary precautions or that passengers should have been aware of operational risks. - May also argue the adequacy of existing safety measures during normal operations.
- Expert Evidence:
- Conflicting medical assessments regarding the nature and permanence of the plaintiff's injuries. - Resolution of expert opinions where not all experts provided oral testimony, influencing the determination of liability and assessment of damages.