A HUNTER mine worker who sought nearly $1.2 million compensation after slipping has lost his case after a court heard he slipped after leaving a covered cement walkway at a point where a sign said “Use Designated Walkways”.
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John Leman, 63, sued Hunter Valley Operations mine near Singleton after slipping on wet ground in November, 2013 as he attempted to reach a carpark. Mr Leman slipped after tripping on a gutter during heavy rain.
Newcastle District Court Judge Judith Gibson ruled against Mr Leman after accepting medical evidence that a muscle injury he sustained on the day was not connected to more serious knee and leg conditions that existed before he slipped. The more serious conditions affected his ability to work.
Mr Leman initially sought general damages of $139,000, nearly $300,000 in lost wages, nearly $400,000 in future lost wages and more than $180,000 in past and future out of pocket expenses. He initially claimed $1.166 million from Hunter Valley Operations, which is owned by Rio Tinto but has been sold to Yancoal.
Hunter Valley Operations relied on medical evidence that Mr Leman’s only injury on November 18, 2013 was a tear of his gastrocnemius muscle that recovered in three or four months, to argue he was entitled to lost wages and out of pocket expenses totalling $8900.
During cross-examination Mr Leman was shown footage of the path he took which was “to leave the covered walkway, walk across the wet ground, cross over another pathway, leave that pathway and go back onto the wet earth again and then arrive at the spot where his vehicle was parked”.
Mr Leman acknowledged during cross-examination that there was a sign at the spot where he left the covered walkway which said “Use Designated Walkways”. Mr Leman agreed that he was aware of the sign on the day and it had been there for an unspecified period before November 18, 2013.
“His explanation for deviating from it to walk across the muddy ground, contrary to the sign, was because the whole car park was flooded, but he acknowledged that he had to walk through four or five inches of water to get to his car in any event,” Judge Gibson said.
Mr Leman denied that he was running but agreed that he was “hurrying along walking”.
He said he could see the gutter but “As I stepped on to the gutter to step over it, I slipped off the gutter”.
