Inside the Claim with CGW - Flight Risk: Grounded by a Galley Cart
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Inside the Claim with CGW - Flight Risk: Grounded by a Galley Cart
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Welcome to Inside the Claim with CGW, Cooper Grace Ward's workers' compensation podcast that offers a behind-the-scenes look at recent trial cases and expert insights from the lawyers who ran them.
In this episode, Jess Byrne and Damien Jarrett, both special counsel at Cooper Grace Ward, discuss the Supreme Court case of Hunter v Alliance Airlines Pty Ltd. Damien acted for the employer, Alliance Airlines. Ms Hunter, a cabin crew member, injured her back while applying force to free a jammed galley cart from its stowage bay. She had adopted an 'off-centre' pulling position rather than standing squarely in front of it.
Jess and Damien unpack how the case shifted from broader allegations about cart maintenance and staffing into a training case over three years of pleadings. They discuss the impact of limited past issues or injuries in the same setting, and the extent of the training the court required. They also explore the quantum arguments, including how the court treated Ms Hunter's decision to pursue her own business rather than return to work after having a child, and at what point that pursuit became unreasonable.
Tune in to hear Damien's reflections on what the matter taught him about defending manual handling claims.