Matthew Giumelli claims almost $1m after Caneland Central slip and fall

Two companies are defending a tradie's million-dollar lawsuit over a slip at a popular shopping centre, arguing he could have kept working.

Caneland Central

A Mackay tradie has filed an almost $1m lawsuit after claiming a slip and fall at his local shopping centre caused an injury that prevented him from working.

However the two companies he is suing have hit back, denying liability for the claim.

Matthew John Giumelli had gone to Caneland Central about 9.50am on November 29, 2021 to do some shopping and claims there had been heavy rain that day.

Court documents filed in the supreme court and viewed by this publication state as he “walked past the entrance to Oscar Wylee (optometrist) his right foot slipped forward and twisted out from underneath him”, and he fell to the floor.

While laying on the floor Mr Giumelli alleges he saw about “eight to 10 drops of water, each about the size of a 50 cent coin on the floor”, and further alleges it was “water ingress through the roof … during the rain event” and that it caused his fall.

He also alleges a cleaner employed by Trident had been working in the area “just moments before” his fall but either failed to see the water or if she did, failed to remove or isolate the area.

Mr Giumelli, 44, has filed a lawsuit against Lendlease, former owner of Caneland Central, and Trident Services Australia who were contracted to provide the cleaning services, totalling $942,111.20 plus interest and costs alleging negligence, without which he “would not have been injured”.

Caneland Central

Mr Giumelli claims he continued to suffer knee pain that got worse if he went up and down stairs, carried heavy objects or even just from prolonged standing or walking.

He alleged he also couldn’t kneel or squat and had “anterior knee crepitus” which is a grinding, cracking or popping sound in the front of the knee that could also be painful.

At the time he had been working as a leading hand fitter for Hastings Deering, but wasn’t doing full duties because of a pre-existing right knee injury.

The documents state he underwent surgery and completed physio and was expected to restart full duties by December 2021 but was not unable to return to work as a leading hand fitter, has since stopped working at Hastings Deering and was unable to find alternative work “within his physical capabilities”.

In its defence Lendlease stated Mr Giumelli, after his fall, had returned to full time work as a supervisor where he remained for two years, earning similar to his previous income before ceasing employment in about November 2023.

Lendlease alleged there was no evidence Mr Giumelli stopped work because of the incident and “any impact on (his) capacity to maintain his employment is attributable to his complex history of right knee injuries and/or is convenient in the circumstances of his ongoing claim and not the alleged injuries”.

The documents revealed a former manager also made a signed statement that given Mr Giumelli’s “seniority and work experience he could have transferred into more senior positions at Hastings Deering as an estimator, supervisor or project manager” with incomes ranging from $120,000 to $170,000.

In its defence Trident denies its cleaner “failed to detect or take any measures in relation to any hazard present on the floor (which is denied) because it is untrue”.

Trident claimed if there was a hazard “it was not significant enough so as to be detectable by a person undertaking an inspection with reasonable skill, care and diligence”.

The company also alleged Mr Giumelli’s injury is from a pre existing injury and that the amount claimed was “excessive and disproportionate to the true nature and extent of the … actual loss and damage (in any) and contrary to the medical opinion and evidence that will be led at trial”.

Originally published as Matthew Giumelli claims almost $1m after Caneland Central slip and fall