Compensation Awarded To Assaulted Driver

Press, Volume CI, Issue 29983, 19 November 1962, Page 13

Compensation Awarded To Assaulted Driver

A driver who was assaulted while he was at a garage to which he had taken his employer's track, has been awarded compensation for the period he was incapacitated by the injuries he suffered in the assault In a reserved decision in the Compensation Court Judge Dalglish awarded the driver, James William Orlowski, compensation for the time he was away from work, from August 1, 1960 to October 31, 1960, and medical expenses. Judge Dalglish asked counsel for the parties to agree on the amount to be paid to Orlowski, but in the event of their disagreeing, he reserved leave for either party to apply. Orlowski (Mr A. D. Holland) had claimed against his employer, the Canterbury Bye-Products Company, Ltd., (Mr C. B. Atkinson).

Reviewing the evidence. Judge Dalglish said that Orlowski had been instructed to take his vehicle to the garage of A. C. Rhodes, Ltd, to be greased. When he arrived the lubrication attendant was not reedy to start on his vehicle, as another vehicle was .on the hoist Ortowski then tidied up the vehicle and left to do some shopping. He then went to the Bush Rm Hotel, where he had two or three beers.

Returning to the garage Ortowski found the vehicle on the hoist Following his usual custom he went under the vehicle to check that everything appeared in order

He made some remark to the lubrication attendant about the possibility of nails being in the tyres. The lubrication attendant said that he was greasing the vehicle, not looking for nails in the tyres. Ortowski then discovered that two bolts were missing under the vehicle and went to the head mechanic and arranged tor them to be replaced. After a mechanic had replaced the bolts, the lubrication attendant objected to Orlowski’s action, and abused him. When Orlowski took offence, the lubrication attendant’s response was more or less an invitation to fight At the same time, the lubrication attendant knocked Orlowski on the chest and pushed him over. He fell backwards on to equipment from which a piece of metal protruded. Later it was discovered that Orlowski had a fractured rib.

Judge Dalglish said that Mr Holland claimed that Orlowski’s injury had been caused during his employment, and therefore he was entitled to compensation. Mr Atkinson submitted that the injury was caused by Orlowski’s own misconduct and by events outside the scope of his employment

Judge Dalglish said he found that the assault was caused by tbs unreasonable and excitable mood of the lubrication attendant which was stirred up by what Orlowski quite properly did in the furtherance of his employer’s own interests.