Cow Bay woman sues over in­jury

Port Douglas & Mossman Gazette - - FRONT PAGE - Emma Chan­non

A COW Bay woman who went to check on an as­so­ciate’s prop­erty af­ter Cy­clone Yasi as a favour while he was over­seas is seek­ing $150,000 in dam­ages af­ter cut­ting her hand on the ve­randa.

Brenda Mary Svend­sen, 53, was check­ing Neal Lawrence Keenan’s prop­erty af­ter the weather event on Fe­bru­ary 5, 2011, when she slipped over on some mud. As she fell, Ms Svend­sen tried to steady her­self and cut her hand on an ‘‘ex­posed’’ piece of cor­ru­gated i r on which was at­tached to the ve­randa.

She has lodged a claim in the Townsville Dis­trict Court through law firm Pre­ston Law, ar­gu­ing that the in­jury has limited the move­ment in her hand and has caused on­go­ing pain.

Ms Svend­sen, who is ask­ing for $ 157,234, also ar­gues the man should have re­duced the risk of in­jury at his Blood­wood Rd home.

‘‘The de­fen­dant left (the cor­ru­gated iron) ex­posed in an area that was a walk­way, in­clud­ing a step- up, stepdown area,’’ the doc­u­ments say.

‘‘He left the sharp edge of the cor­ru­gated iron sheet cladding ex­posed . . . and cre­ated a risk in do­ing so.

‘‘The risk was not in­signif­i­cant and a rea­son­able per­son in the de­fen­dant’s po­si­tion would have taken pre­cau­tions against the risk.’’

Mr Keenan was over­seas when Cy­clone Yasi neared the Queens­land coast in Fe­bru­ary 2011, and rang Ms Svend­sen on Fe­bru­ary 2 to ask her to se­cure any loose items and make sure his prop­erty was ready for the weather event.

Days later, on Fe­bru­ary 5, Ms Svend­sen re­turned to the Cow Bay ad­dress to check up on it when she slipped and in­jured her right hand.

‘‘The plain­tiff suf­fered a lac­er­a­tion to her right hand and sec­ondary carpal tun­nel in­jury,’’ court ten­dered doc­u­ments read.

The 53-year-old said she suf­fers per­sist­ing pain, par­tial numb­ness, de­creased range of move­ment of her thumb, and suf­fers a ‘‘loss of en­joy­ment of life’’ since sus­tain­ing the in­jury.

She is su­ing Mr Keenan for $157,234, a fig­ure that cov­ers her past and fu­ture eco­nomic loss, gen­eral dam­ages and loss of su­per­an­nu­a­tion.

Cy­clone Yasi crossed the coast be­tween In­n­is­fail and Cardwell on Fe­bru­ary 3.

Mr Keenan has not yet lodged any doc­u­ments in re­sponse to the claim made against him.

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