Taylors Lakes man wins huge payout from building company after fall from scaffolding

A tradesman left unable to work after a “catastrophic fall” at a Keilor building site has been awarded a massive payout more than a decade later, with the full extent of his injuries revealed in court.

A brick cleaner who fell from scaffolding at a Keilor building site has been awarded more than $1 million in damages.

A tradie injured in a “catastrophic fall” at a Keilor building site 12 years ago has been awarded a payout of more than $1 million.

Marin Bucic, of Taylors Lakes, was left with a fractured wrist, broken ribs and collapsed lung after he fell about 4.5m from “flimsy and shaky” scaffolding, on to a pile of bricks.

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Mr Bucic, a brick cleaner, had been hired by Arnej Pty Ltd to work at the building site in 2007 and sought damages from the company after his fall left him unable to work.

At a 12-day hearing in the Supreme Court earlier this year, Mr Bucic’s lawyer argued Arnej Pty Ltd and its sole director, Halil Hasan, had been negligent and breached its duty of care to keep workers safe on site.

John Richards, QC, told the court his client had battled ongoing pain, cognitive impairment and anxiety and depression since the incident.

Mr Hasan argued Mr Bucic’s had failed to look where he was going and failed to use common sense when working on scaffolding.

He also claimed Mr Bucic’s spine and neck injuries were “wholly pre-existing”.

Medical evidence showed Mr Bucic had been diagnosed with a degenerative back condition before the accident and had chosen not to have surgery.

But sports medicine expert Dr David Kennedy told the court the fall “had a significant influence on (Mr Bucic’s) injuries and ongoing problems”.

“There’s no doubt that the injuries were there prior to the fall, but in my opinion the fall significantly accelerated those problems in his lumbar spine,” he said.

“He could’ve died from that fall.”

Mr Bucic continued to work as a brick cleaner until 2013 but couldn’t take on regular jobs because of the pain.

And a report from psychologist John Karamanos in October last year stated Mr Bucic was “psychologically unfit to return to any type of employment as a result of impairments in his concentration and attention, memory and thinking” following the accident.

The court also heard evidence from Mr Bucic’s wife and sons that the 61-year-old needed help dressing, cooking and cleaning.

Mr Bucic was forced to sell his family home after the accident because he couldn’t meet mortgage payments.

Supreme Court Justice Rita Zammit this month ordered Arnej Pty Ltd to pay Mr Bucic $1.043 million in damages for economic loss, attendant care and medical expenses.

“It is incumbent upon those who control building sites to provide a safe working environment for employees and independent contractors,” she said.

“There can be no doubt (Mr Bucic) has had a catastrophic fall.

“In all of this time, to his credit, the plaintiff has tried to return to work. (He) has battled on despite crippling back and neck pain.

“I consider the defendant’s negligence caused or materially contributed to the plaintiff’s back and neck and, in turn, psychiatric and cognitive injuries.”

The hire company who installed the scaffolding settled with Mr Hasan on the day of the trial.