Focus: Hosmer v Cook Shire Council [2012] QSC
91
Services:
Insurance
Industry Focus:
Insurance
Hosmer v Cook Shire Council [2012] QSC
91
The judgement for this quantum only trial looks at the level of
discounting applied to damages where a plaintiff was found to have
significant credibility issues; a history of both short term
employment and deliberate attempts to mislead medical assessors,
his own occupational therapist and Centrelink; and a pre-existing
injury.
Facts
The plaintiff, Mr Hosmer, suffered an injury to the lumbar spine
when carrying out a task of striking pegs into hard ground by
repeatedly swinging a sledge hammer over his head, in the course of
his employment with Cook Shire Council. The Council admitted
liability at trial. The dispute at trial was the significance of Mr
Hosmer's pre-existing back condition, and Mr Hosmer's
credibility issues in assessing the quantum of loss flowing from
that work related injury.
