CQ biker's $1m claim after horror life-changing incident
CRUISING down the Gregory Hwy on his BMW motorcycle in 2014, Glenn Garside suddenly had his life turned upside down.
It was November 25 at approximately 6am, 10km north of Emerald, and Glenn was heading towards his home in Capella, when he approached an Emerald coach, which was following a truck he claims was marked "JJ Richards & Sons".
He was just nearing the centre line of road to overtake the coach when he saw a rock dislodge from the rear of the truck and fall onto the road and start bouncing down the road before striking him in the knee.
Glenn, 34, sustained significant personal injuries as a consequence of the accident and is claiming damages caused by the negligence or wrongful act in a case set to be heard in the Supreme Court of Queensland.
Glenn's solicitor Stan Smith described his client as a deserving plaintiff who was a victim of something totally beyond his control.
"The rock has come from JJ Richard's truck, that's what we allege," Mr Smith said.
"They've denied it, that they had a truck in that vicinity - they have challenged the allegation that the rock has come off a JJ Richards truck."
Mr Smith said Glen had no reason to lie about seeing the truck travelling in front of a bus that was carrying workers out to one of the mines.
"He's seen this rock bounce beside the truck and he couldn't do anything, so it hit him on the knee and has done him some serious harm," he said.
"We say firstly that it was a JJ Richards truck because that's what Glenn saw or alternatively it was a negligent driver of an unidentified truck and that's why we've got the nominal defendant as an alternative defendant."
His client was still able to recover the damages even if it was proved that it wasn't a JJ Richards truck responsible.
"It struck him fair and square on the knee cap, so it's busted his knee cap and caused internal damage in his knee," Mr Smith said.
"He's a young fella who is a boiler maker by trade. He had a little engineering business fabricating trailers and things like that for the mining and also for the rural industry around the Emerald/Capella area.
"It's had a major impact on him, reduced strength and reduced mobility, he can't kneel and squat and all those sorts of things that come with a serious knee injury."
Mr Smith said he had a forensic accountant undertake calculations to assess how much damages his client should seek after shutting down his engineering business as a result of his injuries.
He will be seeking the following damages: General damages $25,200, past economic loss $120,000, future economic loss $800,000, future expenses $121,538 and special damages $7518.
Glenn is working around his serious knee injury helping out where he can with his parent's farming/grazing business.
Mr Smith said he hoped the court case would be resolved in a reasonable time frame towards the middle or late 2018.
Requests for comment from JJ Richards have been unsuccessful.