'Tomfoolery' at mine ends in $2.3mil lawsuit
AN EX CQ mine worker is suing for more than $2 million after a "tomfoolery" incident in a staff room resulted in significant injury and left her out of work.
Kristie Louise Parkes, now 45 and residing in the Gold Coast, was working as a shot firer on the blast crew at BMA's Saraji mine in Dysart, according to a statement of claim filed in court.
On October 14 at 5.30pm, various mine workers were in the end of shift room and the crew was signing off shift.
It is alleged another mine worker by the name of Brooke Cargill Scott (male) was standing behind Ms Parkes and "forcibly squeezed the back of the plaintiff's arm and pushed the plaintiff's upper arm and forearm in opposite direction, causing her elbow to hyper-extend".
The claim details the next day at the same time, the crew was again signing off shift and Mr Scott grabbed Ms Parke's "left forearm with his right hand as she tried to pull her arm away, pulled her arm backward and upward behind her, locking the joint at the elbow and forcefully striking the forearm just below the elbow with his palm".
It is understood these incidents were just minor "mucking around" after work.
However, it is alleged the incidents caused Ms Parkes to suffer personal injuries, including a left shoulder rotator cuff injury, left ulna neuropathy, a major depression disorder and pain disorder.
The court claim was filed on June 10 to Rockhampton's Supreme Court by Bennet and Philp Lawyers of Brisbane, on behalf of Ms Parkes.
Ms Parkes is claiming damages for personal injuries and other loss and damages caused by the negligence and/or breach of duty of Ready Workforce (the employer of Mr Scott) and BM Alliance Coal Operations Pty Ltd for $2.3 million.
It is claimed Mr Scott owed a duty of care to avoid injury to Ms Parkes and the two workplaces failed to provide a safe and proper workplace and did not ensure employees on the site behaved in a manner not to expose others to a risk of injury.
Past economic loss details the loss of income for Ms Parkes of $1, 922 per week from October 15, 2015 until May 31, 2019, equalling $353,648.
The future economic loss makes up for half of the suing amount, for the impairment of her earning capacity in the future up until age 67, totally $1,185.951.
No defence has been filed at this stage.
All defendants were contacted for a response, which they have declined.