Mr Cootes was a foreman working on a construction site for Concrete panels. In May 2013, SMJ Projects entered into a commercial building agreement with Concrete Panels for the construction of a motor vehicle showroom at 246 Brisbane Road, Booval. SMJ Projects also entered into a subcontract with Capable Construction for the provision of site supervisor, Mr Lance Judd.
As part of her duties as a disability support worker with the defendant, Karingal Inc (“Karingal”), Ms Kim McKenna took two clients for a recreational excursion to Hopkins Falls. These two clients as well as others like them require a platform which folded out from the rear and then lowered to the ground to enable access for wheelchair-bound clients.
The plaintiff, then only 19 years of age and with a provisional driver’s license, sustained serious physical injuries, including a traumatic brain injury, as a result of the accident.
The plaintiff intended to drive straight through an intersection but in doing so collided with the defendants vehicle, a truck, as the defendant was attempting to make a right turn through the intersection.
While racing in a duathlon, the plaintiff was running into a carpark alongside other people. She heard yelling and swearing that startled her and was subsequently knocked over by a para-athlete in a racing wheelchair. It resulted in a brain and psychiatric injury as well as some other relatively minor injuries.
The Plaintiff and Applicant, Catherine Neutze (the Plaintiff) is a 52-year-old woman (as at 2018) who came under the care of the first and second defendants, being Dr Barton Clarke and the State of Queensland.