Tradie sues for $900k
AN INJURED painter who can no longer work is suing multiple companies for more than $900,000 after he fell through scaffolding while repairing a Townsville building.
In a statement of claim submitted to the Queensland Supreme Court on September 10, Gary Truscott, 49, claims his injuries have left him unable to work and often in “total agony” two years on from the incident.
In the statement, it says Mr Truscott was painting the roof of the Civic Theatre on September 9, 2019, when he fell through a gap in scaffolding concealed by a black, plastic sheet.
He fell, hitting his back on a metal crossbar, and grabbed a pole to stop him from falling to the ground.
Mr Truscott suffered multiple spinal injuries, a fractured rib and psychiatric injuries.
“I’m lucky I reached out to grab on to a pole to break my fall otherwise my doctor said I would’ve ended up a paraplegic,” Mr Truscott said.
“I’ve gone from 100 per cent fitness to zero in my eyes because I can’t do anything for very long before ending up in total agony.”
Mr Truscott’s solicitors, Shine Lawyers, submitted the injury claim for more than $900,000 on his behalf for damages, future loss of earning capacity and costs.
They are suing J. Hutchinson Pty Ltd, who managed and controlled the construction site, and GV JK Carroll
Painters Pty Ltd, who was Mr Truscott’s employer. They are also suing Benchmark Scaffolding and Edge Protection, who erected the scaffolding, and Platinum Response, who covered the scaffolding with black sheeting.
Lawyer James Leggo said the companies breached their duty of care.
”There should have been barriers to prevent workers like Gary from falling into any openings in the scaffolding,” Mr Leggo said.
In the statement, Shine Lawyers says the scaffolding company erected the 27m-long and more than 2m-high structure in August, but it had insufficient steps and had gaps in places where workers would stand.
The report said Platinum Response put black sheeting on top of the scaffolding while it conducted mould work, which was pulled taut and “obscured” the gaps.
Their mould work finished up on August 29, but the report claims the black sheeting wasn’t removed.
Plasterers and painters would then be called to the site, with the sheeting still in place, and Mr Truscott fell through the plastic 10 days later.
“In the circumstances … the risk of harm to a person … upon stepping and piercing a void covered with black plastic sheeting … was foreseeable by the defendants,” the claim read.
The firm said the defendants should have made sure the site was safe and realised the foreseeable hazard. The four defendants are yet to file a defence.