Mackay Tradie Sues for Almost $1m after Slip and Fall at Caneland Central Shopping Centre

Matthew John Giumelli, a 44-year-old Mackay tradie, has filed a lawsuit against Lendlease and Trident Services Australia, totaling $942,111.20 plus interest and costs, alleging negligence after a slip and fall at Caneland Central shopping centre on November 29, 2021. Giumelli claims he suffered a knee injury, which prevented him from working as a leading hand fitter for Hastings Deering and unable to find alternative work due to his physical limitations. However, both Lendlease and Trident have denied liability for the claim, with Lendlease stating that Giumelli returned to full-time work as a supervisor for two years without any issues and Trident denying that their cleaner failed to detect or take measures to remove the hazard on the floor.

Key Takeaways:

• Matthew John Giumelli has filed a lawsuit against Lendlease and Trident Services Australia for $942,111.20 plus interest and costs, alleging negligence for his slip and fall at Caneland Central shopping centre on November 29, 2021.
• Giumelli claims he suffered a knee injury, which prevented him from working as a leading hand fitter for Hastings Deering and unable to find alternative work due to his physical limitations.
• Lendlease has denied liability for the claim, stating that Giumelli returned to full-time work as a supervisor for two years without any issues and that his injury is attributable to his pre-existing knee condition.
• Trident denies that their cleaner failed to detect or take measures to remove the hazard on the floor and claims that the amount claimed by Giumelli is excessive and disproportionate to the true nature and extent of his actual loss and damage.
• Giumelli alleges that he saw 8-10 drops of water, each about the size of 50 cents, on the floor at the time of his fall, and that the water ingress through the roof during the rain event caused his fall.
• Giumelli claims he underwent surgery and completed physio and was expected to restart full duties by December 2021, but was unable to return to work as a leading hand fitter and has since stopped working at Hastings Deering.

Statistics:

• The total amount claimed by Giumelli is $942,111.20 plus interest and costs.
• The date of the slip and fall is November 29, 2021.
• The time of the incident is around 9.50am.
• The total amount that Giumelli could have earned if he had transferred to a more senior position at Hastings Deering, as mentioned in Lendlease's defence, is between $120,000 and $170,000 per year.

Sources:

• Court documents filed in the supreme court
• Lendlease's defence statement
• Trident's defence statement
• Daily Mercury promo