Damages paid out by Woolies

A STANTHORPE man who was injured while working as a night manager at Woolworths in Stanthorpe in 2005 has been awarded almost $137,000 in damages as a result of his injuries.

Former employee Darryl Duck, 48, suffered a Lisfranc injury to his right foot when he fell of a ladder while working for the company in 2005.

A Lisfranc injury occurs when there is a dislocation or fracture and dislocation between the forefoot and midfoot joints.

The District Court in Brisbane heard Mr Duck was working at the back of the store about 2am on November 10.

He had been locking rubbish bins before accessing the dock area by ladder when he slipped off the top rung.

Prosecutors told Judge David Andrews SC the ladder consisted of four rungs bolted to the wall.

For almost a year Mr Duck lived with his injury which has not been properly diagnosed until an MRI scan was undertaken in September 2006.

Liability for the injury had been accepted by Woolworths with $25,000 of general damages deemed appropriate on the basis the injury had caused Mr Duck annoyance.

However, Judge Andrews found the injury was more significant and that it continued to interfere with Mr Duck's active lifestyle and continued to cause him pain at work.

Mr Duck was awarded $136,732 for general damages, past economic loss, future economic loss and special damages.



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