ANDREW JON LAMBLE (Plaintiff) v HOWL AT THE MOON BROADBEACH PTY LTD (ABN 84 114 006 352) (Defendant) Judgment for the plaintiff in the sum of $1,399,000.00. TORTS – NEGLIGENCE – VICARIOUS LIABILITY – where employee of nightclub defendant assaulted patron plaintiff – where plaintiff was on the periphery of a fracas involving a co-manager of the defendant and other patrons – where security staff were unable to assist – where employee was not authorised to perform security-related duties – whether a significant connection exists between the employee’s unauthorised act in assaulting the plaintiff and the employee’s employment – whether the unauthorised act was done in furtherance of the defendant’s interests TORTS – NEGLIGENCE – APPORTIONMENT OF RESPONSIBILITY AND DAMAGES – GENERALLY – where plaintiff had been assaulted by employee of the defendant – where plaintiff had suffered other, unrelated injuries following the assault – where the other injuries were significant – whether the other injuries were relevant to the apportionment of damages DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – IN GENERAL – where plaintiff had been assaulted by employee of the defendant – where plaintiff had suffered other, unrelated injuries following the assault – whether the other injuries had altered the injury that occurred as a result of the assault – whether other injuries added to the injury that occurred as a result of the assault – whether the other injuries alter the measurement of damages DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNINGS AND EARNING CAPACITY – PARTICULAR CIRCUMSTANCES – where plaintiff was a labourer – where plaintiff suffered other, unrelated injuries following an assault by employee of the defendant – whether plaintiff’s likely future work alters the measurement of damages Civil Liability Act 2003 (Qld), s 4, s 9(1)(b), s 11, s 47, s 59 Civil Liability Regulation 2003 (Qld) https://jade.barnet.au/Jade.html#sy=302074
Posted on: Sat, 14 Sep 2013 05:06:20 +0000
Trending Topics
Recently Viewed Topics
© 2015