Metro North Rocky, Musgrave and High Streets, Berserker
Metro North Rocky, Musgrave and High Streets, Berserker

Man sues for $470k after fall in wet carpark

A Rockhampton man who fell in a car park in the rain and fractured his knee has filed a $470,000 lawsuit against the carpark’s body corporate.

Lee Sunderland, now 60, of The Range, claims he parked his vehicle in the car park of Metro North Rockhampton, corner of High and Musgrave Streets, on March 28, 2017, around 4pm, in rainy conditions.

He was intending on getting a haircut from the hair salon there.

According to the Statement of Claim, as Mr Sunderland walked across the carpark, he slipped on the painted line on the car park spaces and fell to the ground.

Mr Sunderland claims as a result of the fall, he sustained a fracture of the left patella and abrasive injuries.

Mr Sunderland claims the body corporate failed to ensure painted lines were painted with slip resistant paint and they failed to provide rain proof cover to the carpark to prevent it becoming wet.

Mr Sunderland is suing for a total of $469,968.45, which includes a future economic loss of $289,030.

The lawsuit was filed with Rockhampton Supreme Court by Stephen Smith of Grant and Simpson Lawyers against Body Corporate for Metro North Rocky.

A final offer has been submitted.

No defence has yet been filed.



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