Dentist rejects $100k Melbourne airport trip payout, now has to pay
A DENTIST who made a $3 million compo claim after tripping on a Melbourne airport travelator slipped up again by rejecting a generous settlement offer.
Law & Order
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A DENTIST’S hopes of a $3 million payout over an accidental trip at an airport have turned to ashes in her mouth.
Dayana Andrenacci, who in January rejected a $100,000 settlement offer, now faces having to pay the airport operator’s legal costs, expected to exceed that sum.
The Venezuelan-trained dentist stumbled on a stationary travelator at Melbourne airport in April 2010, and sued Australian Pacific Airports.
She claimed an injury to her right wrist left her unable to work as a dentist, and demanded damages, including up to $2.4 million in lost earnings.
But a County Court jury, finding no breach of the airport’s obligations, rejected her claim after a 21-day trial.
On day one, consultant engineer Mark Dohrmann, giving evidence on her behalf, was excluded for repeated breaches of the expert witness code and for the misleading and confusing nature of his evidence.
A consultant hand surgeon called by Ms Andrenacci, Murray Stapleton, did provide two supportive reports on the impact of her injuries on her recreational, domestic and work capacities.
But later, after viewing surveillance footage of her, he changed his opinion, saying it showed her complaints had no underlying physical cause.
Consultant hand surgeon John Buntine, called on behalf of the airport, said the footage suggested her injury was so minor it would have healed completely within weeks.
The jury also heard there had been no previous slipping incidents on the airport’s travelators, although a more effective slip resistant surface was installed in 2015, and conflicting evidence from engineers as to whether the travelator met slip resistance standards.
The airport operator asked that Ms Andrenacci pay more of its costs than would be usual, because she had rejected its settlement offer.
But Judge Chris O’Neill found the offer had been no more than an offer to pay her legal costs, and ordered she pay costs on the standard scale
peter.mickelburough@news.com.au
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