How a pothole led to a $1.5m lawsuit at a CQ mine

A FITTER at a Central Queensland mine has filed a $1.5 million lawsuit after a truck seat allegedly propelled him upwards while driving on a rough road, causing injuries which have left him unable to work.

David Hardy, now 52, is suing Glencore Coal Assets Queensland and NC Coal Company, as the owners and employers of Newlands Mine, where the incident occurred.

Newlands Mine is located near Glenden, 190km from Mackay and 440km from Rockhampton.

Mr Hardy was employed as a fitter at the mine.

The statement of claim details the incident occurred on February 7, 2016.

Mr Hardy had been working in the pump station at the underground longwall.

He was walking from the pump station to the cutting face of the longwall when a colleague drove past in a Driftrunner, a heavy duty personnel and materials handling vehicle used in underground coal mines, and he got a lift with him.

The road was allegedly well known for potholes and defects and was very rough and bumpy.

Mr Hardy claims the driver drove over an approximate large one-metre-square pothole at 40km/h to 60hm/h and Mr Hardy was propelled upwards leaving his seat.

The air ride suspension in the seat is claimed to have been broken.

Mr Hardy claims his body slammed back down onto the seat and he suffered an injury to his lumbar spine.

It is claimed the mining companies failed to provide equipment, being the seat, which was not defective, and failed to maintain the pathways while also exposing Mr Hardy to risk.

Mr Hardy claims he has experienced and will continue to experience pain, suffering and discomfort.

He is claiming he will need ongoing medication, medical treatment and physiotherapy to the amount of $30,00.

It is further claimed he has been unable to work, with a $100,000 claim for past economic loss and $1,125,180 for future economic loss.

The total amount he is suing for is $1,500,115.

The lawsuit was filed to the Rockhampton Supreme Court in March by Amy Gomersall of Maurice Blackburn Rockhampton.

No defence has yet been filed.


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