County Court Judge Sara Hinchey approves Janet Anthony’s damage claim against Spotless
An accident during a workplace fire drill has ended up in court with the injured woman winning a serious injury claim against Spotless.
Outer East
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A woman who broke her foot during a workplace fire drill has won a serious injury claim for damages against her employer Spotless.
And the injury was so bad she had to move house because she couldn’t climb stairs.
Doctors had to use a metal screw and bone graft to help Janet Anthony’s foot heal after she fell in a trench during a fire drill in March 2012.
The accident happened when staff were evacuating through a fire escape on the third floor of the building down to the carpark on the ground level.
County Court documents reveal the 66-year-old went back to work but felt pressured, stressed and not given support.
She was eventually made redundant and has been on the disability support pension for her injury and depression.
Ms Anthony’s daughter Melanie gave evidence her mother had become depressed after the accident and spent most of her time at home.
She told the court her mother, who had worked her entire life to support her family, had not worked since the accident.
Court documents reveal Ms Anthony’s daughter said her mother had gone from regularly walking, socialising with friends and spending time with family to deciding not to go out because she was “feeling down”.
The court heard after the accident Ms Anthony only travelled as far as Westfield Knox Shopping Centre — just 15 minutes from her home.
County Court judge Sara Hinchey said she found Ms Anthony’s injury had caused her to suffer continuous and increased pain, as well as side effects of having the metal screw used to secure her foot.
Judge Hinchey said Ms Anthony could no longer walk more than 500m, stand for any period of time, or use stairs.
She also suffers from a “click” and weakness in her ankle and foot, she has interrupted sleep cannot participate in social activities, or interact with her grandchildren.
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Judge Hinchey said she was satisfied Ms Anthony had suffered a “serious injury” to her right foot as a consequence of the accident, on March 20, 2012.
“I also formed the view that the plaintiff is extremely stoic in relation to her condition,” she said.
“An analysis of the evidence demonstrates that she has suffered constant pain since 2012 and has endured extensive medical treatment which has caused her additional pain and disability.”