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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA IN CIVIL CITATION : GLADSTONE -V- PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA [2022] WADC 6 CORAM/JUDGE : MACLEAN DCJ BETWEEN : JAMES WILLIAM GLADSTONE Plaintiff AND PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA Defendant MACLEAN DCJ: The slip 1 In 2014 William James Gladstone was living in Bassendean and working in West Perth as a health and safety manager. His routine included driving from his home to the Bassendean Train Station, parking there and then taking the train to work. 2 On 26 May 2014 Mr Gladstone arrived at the Bassendean Train Station and looked for a place to park. He noticed construction work and saw a temporary car park (Temporary Car Park) adjacent to Prospector Loop. Mr Gladstone parked there. The Temporary Car Park was different to the main car park. It was unmarked and the surface was blue metal gravel. The main car park was bituminized with marked parking spaces. This was the first time Mr Gladstone had used the Temporary Car Park. Mr Gladstone got out of his car, orange bunting presented as a barricade to a footpath, and he turned to walk toward the road. Crossing the threshold between the Temporary Car Park and the road he looked for traffic and stepped with his left foot on the verge onto the road with his right foot from the Temporary Car Park and his right foot rolled and twisted and strained his right ankle. The inside of his foot came up and the outside of his foot came down. Mr Gladstone felt the stone under his shoe. There was an issue as to whether Mr Gladstone had said that he stood on one stone or more than one blue metal stone. Nothing turns on this. w I find that Mr Gladstone was an accurate witness. A After he rolled his ankle Mr Gladstone partially collapsed. He leant on his car for support to keep the weight off his ankle and he experienced intense pain from his ankle to his knee. Mr Gladstone composed himself. He was distraught. He was saying to himself "I can't go through this again; I can't go through this again'. While leaning against his car Mr Gladstone saw some blue metal gravel on the road and saw the blue metal gravel spread started from the roadside edge of the kerb and extended 20 cm or 30 cm into the road. The blue metal gravel ranged in size from 1 cm - 5 cm in diameter. S Mr Gladstone drove home to treat his leg and spent about two hours doing this. He strapped his ankle, changed his business shoes for safety boots and returned to the area where he had injured himself and he took a photograph of that area. 6 After reporting the matter to construction workers at the train station and getting the contact information for the project manager of the construction site, Mr Gladstone went to work. 7 A month later Mr Gladstone returned and took photographs of where he parked. RMIT Classification: Trusted The injury and the treatment - The ankle prior to 26 May 2014 8 Mr Gladstone was treated by a physiotherapist on three occasions. He also received treatment from his general practitioner Dr Jooste and was prescribed anti-inflammatory and pain medication. He also received an MRI. 9 Dr Jooste is an experienced general practitioner. He examined Mr Gladstone on 29 May 2014. Mr Gladstone's ankle was strapped following treatment by a physiotherapist. Dr Jooste removed the strapping and saw that Mr Gladstone had a small effusion of the ankle. Dr Jooste considered: Any effusion of the ankle is a significant one. That's a collection of fluid within the joint space. He was tender of the ligaments on the lateral, the outside, aspect of the ankle, ... most noticeably at the anterolateral ligaments called the anterior talofibular ligament, which is a common place for injury with rolled ankles he was also tender at the outside of the calf along with a group of muscles called the peroneal muscles that extend a tendon down to the lateral aspect of the foot. The two injuries are often co-existent. 10 Dr Jooste's opinion was the objective signs that he observed were consistent with Mr Gladstone's symptoms and that Mr Gladstone complained of those symptoms on the first examination and this consistency between the objective signs and symptomology remained on the third and final occasion on 2 November 2015 when Dr Jooste saw Mr Gladstone. On the third examination the recorded symptoms were continued discomfort on the lateral aspect of his ankle, more with prolonged use and prolonged standing, a reduced range of movement, loss of utility of the ankle and foot causing psychological distress and the loss of enjoyment of recreational activities. 11 Mr Gladstone saw Dr Jooste on three occasions. Amongst the advice and treatment Dr Jooste offered he recommended Mr Gladstone see the orthopaedic surgeon, Dr Reza Salleh, for review. Dr Salleh had previously successfully treated an injury that Mr Gladstone suffered to his right ankle. 12 That treatment included surgery and substantial rehabilitation. Mr Gladstone, although pleased by the results of the treatment, did not wish to experience a similar course of treatment and was fearful of seeing Dr Salleh again. Additionally, Mr Gladstone has a phobia of needles. This phobia increased the difficulty and fear Mr Gladstone experienced contemplating a further treatment with Dr Salleh. 13 Apart from review by medical specialists for the course of these proceedings, Mr Gladstone did not seek any other medical assistance. A lengthy consultation with Dr Jooste in September 2015 was preceded by a request for a medical report for these proceedings. 14 I accept Dr Jooste's evidence