Council in $2.7m suit
Man brings action for negligence over fall
A FORMER Far Northern man has launched a multimillion-dollar negligence lawsuit against the Tablelands Regional Council over a fall that left him with life debilitating injuries.
Bryan Raymond Hutchinson claims his life changed on January 25, 2014, when he slipped while walking down an embankment at Platypus Park hitting his head causing a serious brain injury.
Now he’s suing for $2.7 mil- lion plus interest and costs to cover past and future wage and superannuation losses, medical costs, care and assistance.
“I can’t even explain how much this injury has impacted my life,” Mr Hutchinson said.
A former council water and waste water operator, he now needs assistance with daily living, has lost the senses of smell and taste and even lost his driver’s licence for a while. He also finds it difficult to participate in lifestyle and leisure ac- tivities, which has resulted in weight gain.
“I’m not afraid to say it, but I’ve been told that I’m now a totally different person. I have random bouts of anger that I can’t really control,” he said.
Mr Hutchinson had gone to retrieve two four-year-old children, who had wandered away from a child’s birthday being held at the park. He’d spotted them under the entertainment area and went to get them by walking down the em- bankment, which he claims had a worn path on it.
At some point he slipped or lost his footing and fell striking the back of his head on a water pump or protruding pipe.
His injuries include a serious brain injury, post-traumatic epilepsy, loss of smell and taste, multiple facial fractures, a back injury with ongoing pain and adjustment disorder with mixed anxiety and depressed mood.
He spent a month in Townsville Hospital. He required rehabilitation, physiotherapy, speech therapy, dietetics advice and social work.
“I’m able to drive again now and I’m back to work but it has to be tailored because I still have severe headaches and I’m reliant on daily medication to control the seizures,” he said.
According to papers lodged with the Cairns Supreme Court, the 31-year-old claims the council’s negligence caused his fall and injuries by failing to prevent people from using the embankments by properly fencing it, erect warning signs or taking any steps to make the embankment safe.
“The council created this hazard. They didn’t even try to make the area safe …,” Mr Hutchinson said.
“A simple fix by the council, like a bit of fencing around the hazard would have prevented my life turning upside down.”
Tablelands Regional Council Mayor Joe Paronella declined to comment as the matter is before the court.