Bradley Hardwick mine death: Wife, workers file $6.74m lawsuits

The horrific circumstances surrounding father of two Bradley Hardwick’s death have been detailed for the first time as his wife and workmates file damages lawsuits.

The wife and workmates of a man horrifically crushed to death in a Central Queensland underground mine have filed lawsuits totalling at least $6.74m as the tragedy passes its three-year anniversary.

Two workmates say they have post-traumatic stress disorder after coming across Bradley Hardwick’s body which had been run over by an Anderson 120G grader after its dual brake systems failed on February 20, 2019.

Mr Hardwick, a father of two, had stopped the grader on a travel road that led to the surface of Moranbah North underground mine and stepped off the machine, which was shut down, a supreme court claim filed by his wife Lisa Hardwick stated.

But the grader’s braking systems, consisting of a service brake and park brake, failed to hold it and it rolled down the steep gradient, slamming into a drift runner carrying multiple workers, the court claim stated

As a result Mr Hardwick, 47, suffered catastrophic crush injuries and died at the scene.

Mine worker Bradley Hardwick died in an incident between a grader and a drift runner personnel carrier at Moranbah North Mine on February 20, 2019.

“The grader ran away down the … travel road and collided with the drift runner because the service brakes failed and the park brake was already worn out,” Mrs Hardwick’s claim states.

Vincent James Wilson, an underground mining technician, had been in the drift runner involved in the collision. The drift runner had been stopped on the travel road “because it was overheating”.

His claim filed in supreme court states he “heard a loud rumbling” before he saw a large white object careening towards the drift runner driven by Scott Ryan, who said “brace yourselves”.

“(Mr Wilson) had immediate thoughts he was going to die,” his claim read. He undid his seatbelt to jump from the drift runner but “there was a violent impact at the front left side of it” and he was thrown into his seat.

Mr Wilson was also with a number of workers who went in search of the grader driver after spotting the cabin was empty.

“The workers came across the motionless body of the grader operator Bradley Hardwick,” Mr Wilson’s claim stated.

They tried to give him medical assistance but it was apparent he was dead.

John Thomas Jones, who was on a development crew, had also been sitting in the drift runner when the horror incident occurred.

Bradley Hardwick (middle) with his son Cooper and daughter Isabella Hardwick

Mr Jones’s supreme court claim stated he had also taken his seatbelt off when he heard “a tremendous roaring sound” and feared the drift runner was about to be wiped out.

But on impact he was “thrown violently towards the back of the drift runner” hitting one of the seats and then the floor.

His claim states he was in shock, heard one of his workmates screaming hysterically and thought someone who had been on the drift runner had been killed.

So he, a first aider and another work colleague walked around the wreckage and up the travel road.

About 100m up from the collision there were a number of work colleagues “around someone on the road”.

“When (Mr Jones) got to the scene, he was told that it was Mr Hardwick on the road, however (Mr Jones) did not recognise him as he had been horribly crushed and it was a horrific sight,” his claim states.

What allegedly went wrong

It is alleged the park brake on the Anderson 120G grader Mr Hardwick was using “had worn out over a period of time prior to the incident” and could no longer hold the the equipment stationary on an incline, Mrs Hardwick’s claim states.

Her claim states Diversified Mining Services Pty Limited had conducted a risk assessment on the braking system of the Anderson 120G graders in about March 2011 and identified a hazard – the park brakes could not be tested independently of the service brakes.

If the park brakes were faulty the service brakes would mask that fact so long as they were working.

Mrs Hardwick’s claim states as at about March 2011 Anglo Coal (Moranbah North Management) was aware of the issue.

A safety integrity analysis of the brake system between July 2011 and January 2012 with both the park and service brakes assessed at the lowest rank of one out of four.

Mrs Hardwick’s claim alleges Diversified Mining Services did not inform the chief inspector of coal mines as per the Coal Mine Safety and Health Act.

Her claim further states the installation of a park brake test valve would have allowed the park brake and service brake to be tested independently enabling “the identification of any faults in the park brake and the repair … before there was a catastrophic failure of the braking system”.

In 2012 Anglo Coal (Moranbah North Management) bought the Anderson 120G grader and in about 2014 PPK Mining Equipment Pty Ltd acquired the intellectual property for the Anderson 120G graders.

Mrs Hardwick’s claim states in about November 2016 the grader in question had been sent to PPK Mining Equipment for work including a transmission rebuild, which “involved a direct inspection of the internal parts of the park brake”.

Her claims alleges Diversified Mining Services and PPK Mining Equipment did not install a park brake test valve in the grader or inform Anglo Coal of the need for this park to be installed.

In her claim she also alleges Anglo Coal did not test the efficiency of the grader’s park brake independently of the service brakes.

“As the park brake was not being tested independently of the service brakes, the fact that the park brake had worn out and was ineffective was masked by the operation of the service brakes,” Mrs Hardwick’s claim states.

In a separate case Anglo Coal (Moranbah North Management) is facing one charge of failing to discharge health and safety obligations causing death or grievous bodily harm over the tragedy. The matter is listed for mention on April 8.

The Hardwick family – Lisa, Bradley, Cooper and Isabella.

Court claims

Mr Hardwick’s wife Lisa Hardwick has filed a dependency claim for her and her two children in the supreme court totalling $3,037,327 (plus interest and costs) over the death of her husband.

The Whitsunday based woman is suing Anglo American Metallurgical Coal Pty Limited, Diversified Mining Services and PPK Mining Equipment over alleged the negligence.

Mrs Hardwick, 42, is also suing Anglo Coal in the district court for $407,475 over allegations she suffered a psychiatric injury including PTSD, adjustment disorder and depression following her husband’s death.

“It was reasonably foreseeable that if Mr Hardwick suffered serious injuries or died whilst working at the mine, (Mrs Hardwick) would suffer serious psychiatric injury as a result,” her claim states.

Mr Wilson, 60, is suing Anglo Coal and Anglo American in the supreme court for damages totalling $1,034, 495.66 plus interest and costs.

He alleges he has suffered physical injuries as a result of the collision as well as psychological and psychiatric injuries including PTSD.

His claim states he had been earning $2730 net per week at the time but as a result of his PTSD he was precluded from working in the coal mining sector.

Mr Wilson claims he has “no transferable skills, qualifications or experience to work with similar levels of remuneration”.

Mr Jones, 55, has filed a claim in the supreme court against Diversified Mining Services and PPK Mining Equipment totalling $2,264,052.92 plus interest and costs.

In it he alleges he suffers physical injuries from the collision and psychological/psychiatric injuries including significant PTSD and major depressive disorder, as well as “vivid dreams of the incident”.

Mr Jones has also filed a separate lawsuit against Anglo Coal, Anglo American and the site senior executive at Moranbah North underground mine at the time Paul James Stephan.

It is alleged Mr Hardwick and the workers were exposed to a risk of injury that was foreseeable and that a grader with a fully operational braking system had not been provided.

Anglo American Metallurgical Coal, Anglo Coal (Moranbah North Management), Diversified Mining Services and PPK Mining Equipment have not filed any defence as yet.