Man suing cafe for $1.27 million after fall from chair
A MAN in his 70s who was a customer at a café in the Bundaberg region is suing the business for more than $1.275 million after he allegedly fell when the seat he was sitting on collapsed.
Douglas George Waters has taken action against Hot Bread Fred Pty Ltd in a claim lodged with the Supreme Court in Rockhampton.
In his claim, Mr Waters says he was at the business's Churchill St operation in Childers, when the legs of the seat he was on collapsed causing him to fall backwards onto the footpath on April 30, 2017.
He alleges he suffered spinal and head injuries in the fall, with the business failing to take reasonable care to ensure his safety as a patron.
As a result of the fall Mr Waters claims he has and will continue to endure pain with his quality of life diminished.
In the claim, Mr Waters, 77, seeks $500,000 to complete the building of a home he was working on.
The court has been told the plaintiff had created various landscaping features on the block, including lakes and waterholes, gardens and a raised area within which to construct the premises in order to have a good vantage point.
"As a result of the injuries sustained in the incident the plaintiff is no longer able to complete the construction work himself," Mr Waters in his claim says.
"The plaintiff estimates the cost of replacing his services to be no less than $500,000."
He also seeks $100,000 for a lost investment opportunity.
"Prior to the incident, it was the plaintiff's intention to complete the residential premises and move into those premises," Mr Waters says in his claim.
"It was then his intention to rent out his current premises for it to be utilised as luxury accommodation, nature retreat and eco-friendly restaurant.
"The plaintiff had been in discussions with persons who were interested in operating the restaurant.
"He has not been able to pursue this investment opportunity."
Mr Waters also seeks $444,000 for future care based on the plaintiff's residual life expectancy of 11 years.
He says he requires assistance, calculated at a commercial value of no less than $1000 a week.
Efforts to contact the business in recent days have been unsuccessful. It has yet to lodge its defence.