$2m claim after man loses leg

ROCKHAMPTON man William Pavy was a fit, healthy man until an apparent worksite stuff-up caused a two-tonne piece of machinery to fall on him, crushing his leg.

Shortly after the incident his leg was amputated when it became infected.

Mr Pavy, of Norman Gardens, claims the large bucket lip fell when someone moved a forklift which was being used to stabilise the piece as he worked underneath.

Now he is seeking more than $2 million in damages, having lodged a claim with the Supreme Court at Rockhampton.

The claim says Mr Pavy, 49, had his right leg amputated about “six inches below the knee”.

His foot and lower leg had been crushed and became infected after surgery.

The claim says the incident happened in February 2008 and the two defendants - Michael Boyd Franks and Zena Jean Franks trading as Emzed Welding and Repairs and Old No. 7 Investments - failed to provide a safe place for work.

“The bucket lip was resting upon the elevated tines of a forklift truck which was positioned between two steel trestles at each end,” the claim says.

It said Mr Pavy's boss had positioned the forklift and left it running with the keys in the ignition.

Someone else then asked to use it for a different job and, after getting the okay, jumped in and moved the forklift.

“The plaintiff was wearing steel-capped boots at the time, but this was not sufficient to prevent the injuries suffered,” the claim says.

He suffered extensive foot injuries.

Even after the amputation Mr Pavy suffers phantom pains in his right leg. His condition has also caused further problems as his altered walking gait has caused further injuries to his left leg and lower back.

The claim says Emzed Welding and Repairs was fined after pleading guilty in the Rockhampton Magistrates Court in May this year to breaching a section of the Workplace Health and Safety Act.

The Morning Bulletin contacted the two defendants on Wednesday, but both declined to comment.

Roger Singh, a spokesman for the company representing Mr Pavy, Shine Lawyers, said their client was a healthy man who enjoyed sports before the incident.

“We are determined to ensure Mr Pavy gets justice and is fully compensated for the injuries he suffered through no fault of his own,” said Mr Singh, who heads up the company's special projects team.

“He is still suffering to this day and his whole life has been turned upside down.”



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