Mackay Regional Council could be appearing in Mackay Supreme Court over a crash on a section of road that had just been fixed.
Mackay Regional Council could be appearing in Mackay Supreme Court over a crash on a section of road that had just been fixed. Peter Holt

MAN V WORLD: Boilermaker to sue all for $800,000

A BOILERMAKER, who was left bruised and broken after a car crash four years ago, plans to sue.

But the supreme court counsel's table won't be long enough to fit all the lawyers needed as Andrew James Mott sues five defendants for more than $800,000.

In the 34-year-old's statement of claim, which has been filed to the Supreme Court of Queensland, a crash at Grasstree Beach left him with a broken arm and wrist and made a mess of his foot.

He quit his $98,000-a-year mining job because of his injuries and claims Mackay Regional Council, NRMA, Downer EDI Works and BRW Transport & Quarries and the driver of the car at the time, Phoebe Philip, believed to be a current, or former girlfriend, should pay.

Interestingly, Mr Mott's profile picture on Facebook is of him with a woman; a friend's comment on December 2, 2016 says "dunno how pheebs isn't sick of you yet!" lol jokes hope all's well guys". That was more than a year after Mr Mott filed his lawsuit.

Since 2015, various parties have filed offers and counter-claims but on November 18, 2016, Mr Mott lodged an application to take it to trial.

As the documents state, the crash on Ironside Rd on November 3, 2012, happened when the Ford Falcon Mr Mott and Ms Philip were in travelled over a crest, turned right then lost control on a newly-sealed road, taking them head-on into a Nissan Navara.

Mr Mott blames Ms Philip as well as the council and the roadworks contractors for failing to clean the road of loose gravel and put up enough warning signs.

At the time of the crash Mr Mott was a boilermaker for Finco Mine Maintenance. He was sitting in the passenger seat about 6.15pm the day the roadworks on Ironside Rd at Grasstree Beach were completed.

"Upon entering the roadworks and striking the loose gravel, (Ms Philip) lost control of the sedan and it yawed into the oncoming lane of traffic," Mr Mott's claim reads.

"She drove without due care and attention... (and) drove at a speed which was excessive in the circumstances."

Mr Mott had about three months off work and claimed he was unable to carry out heavy duties because of his injuries and so resigned in November 2013. He also claimed he resigned to "support and/or care for Ms Philip during (her) recovery".

Including lost past and future salaries, superannuation and medical expenses, he is claiming $822,438.45.

Ms Philip, and her insurer NRMA, denied the crash was her fault in their Notice of Intention to Defend documents, instead that it was caused by the state of the road.

Ms Philip claimed she was driving about 80kmh, in a 100kmh zone, on a road she had travelled many times.

Ms Philip stated she did not admit that Mr Mott resigned from Finco to look after her.

Mr Mott, Ms Philip and NRMA all claim the road was in an unsafe state, with no, or inadequate roadside warnings and loose gravel still on the road from the works.

They claim was that they failed to put up any, or adequate, roadside warnings of the dangers associated with the road, and the contractors had failed to alter the maximum speed of the road for the roadworks and failed to brush off the loose gravel around the roadworks in a timely manner.

In their counter-claim documents, Mackay Regional Council and Downer EDI Works state before the crash the "sound of the car tyres screeching and stones flying could be heard".

"(The) sedan was heard to be hooning," it reads. "(The) sedan was described as really flying; and (it) looked like it was on two wheels".

They denied the crash was caused by "minimal" loose gravel but by Ms Philip who "lost control of the sedan because of the excess speed that she was travelling at"; more than 100kmh according to their documents.

They went on to claim that "loose surface" signs, put up almost three hours before the crash, were erected across the road and beneath a permanent advisory 70kmh speed sign.

The council and Downer EDI Works claim BRW Transport was responsible for brushing the gravel after Downer EDI Works had sprayed the road with bitumen; and, was responsible for putting the signs in place.

But BRW Transport denied this in its Notice of Intention to Defend and stated it was "accepted industry practice" to leave gravel on the surface and how the road was left was to the specifications of Downer EDI Works.

A trial date is yet to be set.

On November 22, Ms Philip also requested a trial in her case against Downer EDI Works and BRW Transport.