News

No payout for man who broke leg being kicked out of hotel

MATHEW Jason Carlyon lists his source of employment on Facebook as "anyone who is paying", but it certainly won't be Gladstone's Queens Hotel after he lost a long-running Supreme Court battle this week.

Breaking a leg turned out to be anything but good luck for Carlyon, who sustained the injury as he was kicked out of the hotel six years ago.

He was seeking almost $300,000 to cover medical bills and income loss.

Justice Ann Lyons said Carlyon's injuries did not appear to be the fault of security guards.

Instead, she said, Carlyon's resistance as he was being escorted from the premises by a bouncer on May 9 caused them both to fall down the front steps.

The bouncer landed on him.

"I am not satisfied that the plaintiff has established that the stumble, trip or fall was significantly contributed to by the actions of the employees," Justice Lyons told the court.

The court heard Carlyon had already consumed an estimated 20 rum and cokes over eight hours.

"I consider on the balance of probabilities that the force used was reasonable and necessary."

Simon Richardson, general manager of Town and Country Pubs, the umbrella licensee of Queens Hotel, said the group was "totally satisfied with the result".

The Observer understands Carlyon, a client of Chris Trevor and Associates, does not intend to appeal the judgement.

 

Topics:  damages, editors picks, payout, supreme court




Our picks from the photos of the region you sent in

OUR PICK: Steven Cragg's awesome photograph of Rules Beach has won our favourite photograph. But seriously, look at the poise!

YOU take the pictures, we print them: Here are the latest:

Medical hub revamp to lure new specialists to region

An artist's impression on the BITS Medical Centre upgrade.

There's big changes afoot for a Boyne Island medical centre

Latest deals and offers

Zumbo's Just Desserts serves up magical dishes

Gigi Falanga, left, joins hosts Adriano Zumbo and Rachel Khoo on the TV series Zumbo's Just Desserts.

ADRIANO Zumbo’s decadent creations have become prime-time viewing.

Sir Cliff Richard feels 'best' after sex abuse allegations

Sir Cliff Richard is 'back' to his best after sex abuse claims

Blac Chyna sued after car injured 2 women

Blac Chyna is being sued after her friend crashed into another car

Chris Hemsworth surprises kids at hospital as Thor

Chris Hemsworth and Tom Hiddleston surprised children at hospital

MOVIE REVIEW: War Dogs tells a fascinating true story

Miles Teller and Jonah Hill in a scene from the movie War Dogs.

DARKLY funny film examines the business side of the war on terror.

Marvel-ous: Thor actors visit sick kids at Lady Cilento

Stars of Thor: Ragnarok dropped in on patients at the hospital

ISLAND FOR SALE: Cheap Fraser Coast island drops price again

Suna Island in the Great Sandy Strait will be auctioned by Ray White Hervey Bay on Saturday morning.

This is the cheapest island you will find for sale in Australia

How a family home can fit on a 250sq m block

This is what you can build on 250m2.

Here's the floor plan of a home built on 250sq m

$100m plan for Curtis Island 'world class' luxury resort

$100 million resort: Top views at Turtle Street at Curtis Island.

"At the moment we think it meets all the town planning approvals.”

Gladstone landlords in trouble with Bechtel job losses

"If a big project was announced tomorrow I wouldn't want to see it"

Coast building approvals at seven-year high: report

The the 2015/16 Development Indicators Annual Highlights Report documents local development activity that took place during the last financial year.

New report shows increasing development on the Sunshine Coast

Top honours for Mackay and Whitsunday builders

The Kerrisdale Gardens property from Paynter Dixon Queensland which won them Project of the Year.

Mackay and Whitsunday builders awarded top honours last night.