ARTICLE · 18 JUNE 2010

Garbage Truck Mechanical Arm Accident Found Not to be a CTP Claim:

Moray & Agnew

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The plaintiff was standing adjacent to a wheelie bin which had been positioned on the edge of a footpath when a garbage truck fitted with a mechanical arm grabbed and crushed his right leg against the side of the bin and lifted him and the bin into the air.

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Richard Clayton

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Suncorp Metway Insurance Limited v Sichter & Ors [2010] QSC 164

The plaintiff was standing adjacent to a wheelie bin which had been positioned on the edge of a footpath when a garbage truck fitted with a mechanical arm grabbed and crushed his right leg against the side of the bin and lifted him and the bin into the air.

Daubney J was asked to determine whether the plaintiff's claim was subject to the Motor Accident Insurance Act 1994 (Qld) ('MAIA') which governs personal injury claims resulting from motor vehicle accidents and Queensland's compulsory third party insurance scheme.

He determined that it was not.

Issues

Section 5(1) of the MAIA provides that the Act applies to personal injury caused by, through or in connection with a motor vehicle – as a result of the driving of the motor vehicle, a collision with the motor vehicle, the motor vehicle running out of control, or a defect in the motor vehicle causing loss of control of the vehicle – and is

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