Compo demand for eye damage
A GOLD Coast father is suing a retail fitout and an electrical company for almost $500,000 after he injured his eye on a dangling electrical cable while working on a fit out at Surfers Paradise’s Mark building.
Broadbeach tiler Daina John Wells, 44, this month launched action in Southport District Court against Retail Industries Pty Ltd and Ruby Electrical Pty Ltd after an accident that allegedly occurred at the Orchid Ave building in April 2015.
He is suing both defendants for a total of $454,247.18 after he stood up from grinding the floor of a retail premises and a cable “with metal wires exposed” that was hanging from the ceiling touched his left eye, the claim states.
An employee of Retail Industries allegedly told Mr Wells he stood on the cable, which was looped to the ceiling with tape, and pulled it down, the claim states.
“I should have fixed that,” he is alleged to have said to Mr Wells following the incident.
It wasn’t until June when Mr Wells was riding his bike on a bush track at Hinze Dam that he realised his vision had been seriously impaired, the claim states.
He alleges he was riding when sunlight reflecting through some trees made his vision “strobe” causing him to fly headfirst into a tree.
Mr Wells now has scratches to his left eye affecting his retina, lens and cornea, he claims.
He also alleges a further spine injury and forehead scarring he sustained after the Hinze Dam accident was caused or contributed to by the eye injury he sustained at the Mark building.
Mr Wells, who is the sole carer for his daughter, is now required to wear an eye patch or sunglasses when he is in bright light.
He has impaired vision dizziness and disorientation, the claim states.
The father has been unable to work as a tiler since the incident and the claim states he will be “significantly restricted in his ability to undertake his pre-injury social and employment activities”.
Of the $454,247.18, Mr Wells is claiming sums for general damages, future economic loss and hospital and medical expenses.
Shine Lawyers Gold Coast general manager Kimberly Allen, who acts for Mr Wells, said the accident has had a significant impact on both his and his daughter’s lives.
“Being the sole provider of his daughter, our client tried hard to go back to work but he can no longer operate at the level he needs to,” she said.
“It’s put his family’s financial security at considerable risk and he should be compensated for that.”
Both defendants are yet to lodge a defence.