Miner sues for $2.5 million for brain damage

A MONTO miner who suffered structural brain damage in a traffic crash is suing three companies, including his employer, for close to $2.5 million in the Supreme Court of Rockhampton.

Harold Kerle was employed as a machine operator at the BM Alliance Coal Operations operated Norwich Park mine site near Dysart when it is alleged he drove home fatigued after night shift.

Defence solicitor Diehn said Kerle's vehicle collided with a bridge guard rail on the Burnett Hwy between Dululu and Biloela shortly before 10am on October 30, 2008.

Kerle is suing mine operator BM Alliance Coal Operations and contractor HMP Constructions for $1.25 million and employment company Axial HR for $1.2 million in personal injury damages.

In day one of the trail yesterday, Mr Diehn said his client did not feel fatigued when the left the mine site.

"In fact he felt good at the end of his shift, he had four days off and he was looking forward to getting home," he said.

"It is a tendency particular for those that feel fatigued to overestimate their capacity for safe driving.

"In the circumstances he was likely to have been fatigued."

He said Kerle suffered head injuries with structural brain damage and "since the accident had flashes of memory".

The plaintiff's council will call on a neuro scientist expert on fatigue among eight witnesses to give evidence as the trial continues today.



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