Mysterious moving object at the centre of $1million lawsuit
A MYSTERIOUS object and uncertainty of exactly where it came from is the crux of a million dollar lawsuit.
Central Queensland business owner and boilermaker Glenn Stuart Garside is seeking a million dollars in damages after the concrete-coloured object, about the size of half a house brick, flew up and hit his right knee while he was riding his BMW motorbike on the Gregory Highway on November 25, 2014.
Mr Garside, 35, told the Supreme Court in Rockhampton yesterday that at the time he was travelling behind an Emerald Coaches bus which was behind a JJ Richards truck.
The court heard from barrister Richard Morton, representing first defendant Dan Rohan, a JJ Richards truck driver.
"We don't accept it was a JJ Richards truck," Mr Morton said.
The first, second and third defendants were JJ Richards truck drivers and the fourth is QBE Insurance.
Mr Garside said he saw JJ Richards written on the side of the truck as the three vehicles travelled around a bend.
He said the Emerald Coaches driver had pulled towards the middle of the road to see if it was safe for the bus to overtake, but pulled back to the left.
Mr Garside said he then manoeuvred to check to overtake and while towards the centre of the road saw a concrete-coloured item about the size of half a house brick 800mm off the road behind the truck "slightly to the right of the centre".
He said it was moving as if it had fallen and was moving forward, rather than being flicked back.
Mr Garside said the object bounced on the road twice before grazing the motorbike fender and then his knee, which led to his foot dislodging from the peg.
He said he pulled up and lay on the grass due to the pain in his knee.
Mr Garside said he rode straight back to Emerald, holding his injured leg out straight.
"I didn't realise how much damage had been done to my leg," he said.
Mr Morton asked if there was much rubble on the road. Mr Garside said no.
His barrister, Michael Grant Taylor, said there was very little dispute among the parties about the injuries caused to Mr Garside's knee, which specialists say needs replacing.
However, Mr Grant Taylor said there was a significant argument about economic loss to Mr Garside's business, Garside Engineering.
The court heard Mr Garside employed an apprentice at the time of the accident and hired a fully qualified boilermaker after the accident to work on a major contract, but did not retain the fully qualified tradesman for more than three months.
"It's difficult to get good boilermakers," Mr Garside said.
"I was mostly in an overseeing capacity (during the qualified man's employment)."
He said he also paid his apprentice above-award wages along with providing him with fuel cards after the accident.
The trial continues.