Driver lawsuit after being hit by rocks from tractor mowing
Robert Taylor was driving the Bruce Highway near Miriam Vale when he was suddenly struck in the head, neck and arm by rocks from tractors slashing the side of the road, according to claims made in court documents.
The hit to the head allegedly caused Mr Taylor to sustain a traumatic brain injury which led to a seizure and balance problems.
For this, Mr Taylor has filed a $1 million personal injury lawsuit with the Supreme Court at Rockhampton against the Mackay company, Tropical Aqua Blasting, which owns the tractors.
Mr Taylor claims in court documents he was driving 42km south of Miriam Vale in a Nissan Navara on February 13, 2016, about 2pm, where there were green tractors undertaking slashing work on the verge of the highway.
It is claimed the company failed to have the area cordoned off or have a proper buffer zone in place so any items thrown by tractors did not affect road users.
The lawsuit is also against Unitol Building Design, a building construction company in Rockhampton and the Capricorn Coast, which employed Mr Taylor as a carpenter.
Mr Taylor claims Unitol did not provide a safe place of work after he returned to work after the accident.
He claims Unitol understood Mr Taylor was to have a person with him at all times at work because of balance difficulties.
Mr Taylor claimed he fell into a ditch at Murray St, Rockhampton, at a work site.
Further to this, he claims on October 5, 2016, when inspecting a fence at a housing estate at Zilzie, he fell backwards down a steep slope.
The fall caused him to allegedly lose consciousness and he sustained a further head injury, back injury and a thigh contusion from a large rock which landed on his leg.
Mr Taylor, now 59, claims to now suffer from vertigo and tinnitus.
According to the court documents he has not returned to work since the Zilzie fall more than four years ago and requires 14 hours of care per week.
The claim for $1,070,709.14 was filed by David Lipke of Swanwick Murray Roche.
No defence has yet been filed.