Bowen Basin miner Melissa Ann Tribe sues Whitsunday Regional Council over fall

A Bowen Basin mine worker is pushing for a $760,000 payout after she slipped and fell on the public footpath, alleging she now suffers a ‘permanent disability’.

A Bowen Basin miner is suing Whitsunday Regional Council after she fell and injured her ankle near the pedestrian crossing outside Magnums. Picture: Estelle Sanchez

A Bowen Basin mine worker is pushing for a $760,000 payout after she slipped and fell on the public footpath within the Whitsunday nightclub strip, alleging she now suffers a “permanent disability” that puts her resources job at risk.

Melissa Ann Tribe has filed a negligence lawsuit against Whitsunday Regional Council over the 2019 incident.

The council has responded by alleging the 43 year old’s intoxication had been responsible for her fall.

Documents filed in the supreme court and viewed by this publication state Ms Tribe had been leaving Magnums Airlie Beach about 12.55am on December 28 “after it had been raining” and walked towards the pedestrian crossing directly outside the beer garden.

The document state Ms Tribe had been walking around a bollard and alleged she “slipped and fell when her right foot came into contact with the tactile ground surface indicators” near the bollard at the entrance to the pedestrian crossing.

Ms Tribe has alleged council’s negligence is responsible for her fall and injuries, including a fracture dislocation to her right ankle that was treated surgically, post operative scarring and sharp pains in relation to her right foot’s peroneal nerve.

A Bowen Basin miner is suing Whitsunday Regional Council after she fell and injured her ankle near the pedestrian crossing outside Magnums. Picture: Estelle Sanchez

She has further alleged she has endured and will continue to endure pain and loss of the enjoyment of the amenities of life and “has been left with a permanent disability”.

The documents state at the time Ms Tribe was a haul truck driver with HSE Mining Pty Ltd, working at Saraji and earning a net weekly incoming of $1180.60.

She has alleged the injury would impact her ability to pass a mine medical and because of ongoing issues with her ankle it was likely she will need to find alternate suitable employment.

Mr Tribe has filed a claim totalling $760,483.87, plus interest and costs, alleging the council failed to install tactile ground surface indicators that were not slippery and did not cause an increased risk of injury to the public, and failed to take any or any reasonable steps such as using an acid wash or other abrasive to reduce the slipperiness of the TGSIs.

The council, in its defence filed in the supreme court, denied it was negligence or that it breached its duty of care claiming Ms Tribe’s “intoxication was the cause of the incident” and has alleged “contributory negligence”.

A Bowen Basin miner is suing Whitsunday Regional Council after she fell and injured her ankle near the pedestrian crossing outside Magnums. Picture: Estelle Sanchez

It stated the tactile ground surface indicators “were not slippery and did not cause an increased risk of injury to … persons taking reasonable care for their own safety”.

“In the event that it is found the alleged incident was caused by the negligence of the (council), which is denied, (Ms Tribe’s) award of damaged ought to be discounted by virtue of the fact that (she) negligently cause or contributed to the alleged incident by failing to take reasonable care for her own safety,” the defence stated.

“Unless (she) rebuts the presumption of contributory negligence the damages to which (she) could be entitled are to be reduced by the court by no less than 25 per cent.

“The (council) says that (Ms Tribe’s) intoxication was the cause of the incident and (her) damages should be reduced by 100 per cent.”

The council has also stated Ms Tribe has returned to pre injury role full time and was not earning more than she did before the incident.

Both sides have filed seals mandatory final offers.