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No payout for man who broke leg being kicked out of hotel

MATHEW Jason Carlyon lists his source of employment on Facebook as "anyone who is paying", but it certainly won't be Gladstone's Queens Hotel after he lost a long-running Supreme Court battle this week.

Breaking a leg turned out to be anything but good luck for Carlyon, who sustained the injury as he was kicked out of the hotel six years ago.

He was seeking almost $300,000 to cover medical bills and income loss.

Justice Ann Lyons said Carlyon's injuries did not appear to be the fault of security guards.

Instead, she said, Carlyon's resistance as he was being escorted from the premises by a bouncer on May 9 caused them both to fall down the front steps.

The bouncer landed on him.

"I am not satisfied that the plaintiff has established that the stumble, trip or fall was significantly contributed to by the actions of the employees," Justice Lyons told the court.

The court heard Carlyon had already consumed an estimated 20 rum and cokes over eight hours.

"I consider on the balance of probabilities that the force used was reasonable and necessary."

Simon Richardson, general manager of Town and Country Pubs, the umbrella licensee of Queens Hotel, said the group was "totally satisfied with the result".

The Observer understands Carlyon, a client of Chris Trevor and Associates, does not intend to appeal the judgement.

 

Topics:  damages editors picks payout supreme court


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