Royal Children’s nurse Noel Skinner wins $1 million payout after bashed several times at work
A Royal Children’s nurse bashed with a chair, kneed, punched, and “rugby tackled” has scored a massive payout after a court ruled the Ascot Vale grandfather, vintage car collector and wine lover’s quality of life and ability to work had been diminished.
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A former nurse who was clobbered with a chair, kneed and punched, and rugby tackled during multiple attacks while working at the Royal Children’s has won a million-dollar payout.
Noel Skinner’s lengthy legal battle with his former employer ended in the County Court this month when he was awarded $986,617 in damages.
Mr Skinner, 60, was an on-call psychiatric nurse when he was bashed on three separate occasions between June 2014 and January 2016.
Mr Skinner — who began working at the hospital in 2011 — was bashed with a metal chair by ‘Patient K’ on June 15 2014.
The court heard Patient K was a “volatile” patient who has a history of assaulting other patients.
Mr Skinner alleged he warned his manager that Patient K had an “escalating” mental state and was an “increasingly physical risk to others” during the morning of assault.
Mr Skinner said he warned his manger that Patient K should be moved to another unit and steel blue chairs in the unit could be “weaponised” and “posed a risk to staff”.
In the second attack, Mr Skinner was kneed and punched by another patient on December 2, 2015.
On Jaunuary 10, 2016, Mr Skinner was “rugby tackled” by patient ‘DB’ which left him with spinal injuries and severe mental health issues.
The court heard DB was assessed of having a “high risk” of violence when he presented at the hospital.
Witnesses said DB was “very distressed” and repeatedly asked to be “killed or shot or beaten up” on the morning of the attack.
DB, who required two nurses to watch him at all times, also grabbed at staff lanyards and wrists and asked to be put in jail.
DB — who also said “kill me” as he hit himself — attacked Mr Skinner after the patient was left unattended in the toilet.
Mr Skinner — who was assaulted while working at Pentridge in 1992 — was left with severe mental injuries including flashbacks and depression.
Judge Arushan Pillay said the hospital “breached its duty” in relation to the 2016 assault.
“I find that as a result of that breach, Mr Skinner was rugby tackled in a forceful and violent manner by Patient DB that took him by surprise and left him in a state of some shock,” Judge Pillay said.
Judge Pillay said Mr Skinner had an “extraordinarily busy and active life” prior to the assault.
The court was told Mr Skinner rode his bicycle hundreds of kilometres each week, and was renovating his Ascot Vale home at the time.
Mr Skinner, also had a passion for wine and prestige vehicles.
He owned 14 cars including older BMWs, a 1986 Ferrari Testa Rossa and several Mercedes Benz.
“Mr Skinner had lived a very full life,” Judge Pillay said.
“He was a devoted family man with his wife, and daughter and grandchildren.
“He had a substantial interest in vintage cars and working on them in order to bring them to concourse condition.
“He can no longer do this.
“He had a substantial interest in dry red wine.
“However, by reason of his mental state, he has also been deprived of the social enjoyment of this love and appreciation of wine.”
In response to the legal action, the hospital took 95 hours of video footage surveillance of Mr Skinner but only 73 minutes was relied upon in court.
The video included footage of Mr Skinner washing and polishing a Triumph car which he claimed he was doing as a favour for a dying friend.
Mr Skinner submitted it was an “arduous task” that he would not have done “unless it was a special circumstance”.
Defence counsel submitted the footage to exhibit Mr Skinner’s capacity to work.
However, Judge Pillay said Mr Skinner’s ongoing mental injuries prevented him from working.
Judge Pillay awarded Mr Skinner compensation for physical and mental injuries, general damages, loss of income and loss of future earnings.
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