Kenith Tramacchi sues CPB Contractors, GHD, and Kellogg Brown and Root for multiple injuries

An Aurizon employee is suing multiple companies for a number of injuries, including a fractured skull and traumatic brain injury that he claimed he suffered while working on a project in North Queensland.

The first coal train goes through the long-awaited Northern Missing Link rail line, which connects Goonyella to Abbot Point.

An Aurizon employee is suing CPB Contractors, GHD, and Kellogg Brown and Root for multiple injuries, including a fractured skull and traumatic brain injury he claimed he suffered while working on the Northern Missing Link project after falling two metres from a culvert.

Kenith George Tramacchi, 58, had been employed by Aurizon as a train driver at the time of the incident and was contracted by the three companies to work on the Goonyella to Abbot Point Expansion Project in Queensland.

The incident occurred on April 22, 2018 when the Gympie man was driving a train from Coppabella to a place known as the Leichhardt Range Yard, where the culvert was located.

According to the court documents, Mr Tramacchi got off the train about 5am and walked towards the culvert.

He claimed he tripped on the edge of the culvert and fell, landing on the ground about two metres below.

He claimed he suffered a number of injuries due to the companies’ negligence and breach of duty of care, including a fractured skull, traumatic brain injury, chest injury, injury to the right shoulder, injury to the left knee and ankle, and fracture of the left and right wrist.

He claimed the incident could have been avoided if the companies fixed handrails to the top of the culvert or barricaded off the edges.

He claimed he suffered from anosmia and a “substantial impairment” of his sense of taste, and continued to suffer cognitive impairments due to his head injury.

He claimed he had also been diagnosed with an adjustment order with mixed anxiety and depressed mood and that his ability to participate in his former activities had either been diminished and impaired or lost altogether.

He claimed he had experienced much pain, suffering, mental anguish, and loss of amenities, and was disfigured.

Work on the rail bridge over Euri Creek near Bowen as part of the Northern Missing Link project.

The court documents allege Mr Tramacchi suffered past economic loss and would suffer impairment of his earning capacity in the future.

The court documents further allege Mr Tramacchi would incur future expenses attending medical advisers, undergoing psychiatric treatment and psychological counselling, purchasing pharmaceuticals, and travelling expenses.

The lawsuit was filed in the Rockhampton Supreme Court by Maurice Blackburn Lawyers on April 21.

Mr Tramacchi’s solicitor Peter Cooper said the incident was “entirely preventable”, and the consequences for his client had been “catastrophic” with “very severe” injuries suffered.

“It had long been identified the lack of handrails or guardrails on the culverts at the Leichardt Range Yard posed significant safety issues,” Mr Cooper said.

“In fact, such rails or guards should have been put in place when the yard was first constructed.

“Yet despite these known risks no action was taken until after our client was severely injured, after which safety rails were installed to prevent further incidents.

“Sadly, however this action is too little too late for our client, who must now live with the impacts of his injuries for the rest of his life.”

Mr Tramacchi’s damages were yet to be quantified.

A defence had not been filed.

CPB Contractors, GHD, and Kellogg Brown and Root were all contacted for comment but either did not respond by time of publication, or declined to do so.

Originally published as Kenith Tramacchi sues CPB Contractors, GHD, and Kellogg Brown and Root for multiple injuries