R. J. had previously been physically aggressive towards two other staff members, which the employer was aware(predicate) of. However, McMurtrie was not aware of this foregoing history.
McMurtries case was that she would retain dealt R.J differently had she known that he could be aggressive to nurses.
The footrace judge decided that the Quadriplegic Centre was negligent because it failed to notify McMurtrie of R.J.s prior violent behaviour. The judge and so awarded McMurtie $510 thousand in redress.
For slight one needs to determine if a duty of heraldic bearing is owed and if there has been a breach.
In this matter, I think that the Quadriplegic Centre is an employer, and owes a very wide duty of premeditation to an employee to furnish a safe workplace. In my opinion, the Quadriplegic Centre breached this duty of care by failing to warn McMurtrie of RJs violent history, and therefore breached the duty of care owed and was negligent.
If I was the judge of this case I would make the Quadriplegic Centre Board of Management pay damages for McMurties pain and suffering, loss of wages, and medical bills.
The second case I have studied is The trade union Church Vs Takacs matter.
Thirty-two socio-economic class old Mr. Takacs, an experienced painter/contractor, was requested by the buildings maintenance manager at a Village operated by the brotherhood Church to quote on painting an old pileus.
Mr Takacs had no firsthand knowledge of roofing and was seriously injured when he fell nine metres, after tripping on the roof while undertaking the task. He sued the Uniting Church in the New South Wales Supreme Court for negligence, and won initially.
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