Kate Jenkinson and James Stewart in Hiding. Picture: Supplied.
Kate Jenkinson and James Stewart in Hiding. Picture: Supplied.

Man who rolled ankle on comedy set sues for $325k

A GOLD Coast unit assistant is suing a television company for more than $325,000 after allegedly rolling his ankle while working on the set of a comedy series.

In a statement of claim lodged in the Southport District Court last month, Timothy John O'Bank alleges he injured his right ankle in September 2014 while loading a truck after wet weather on the set of ABC TV series Hiding at Palm Beach.

Hiding starred Stephen Curry and Kate Jenkinson.

Mr O'Bank, of Pacific Pines, is suing Sydney-based Playmaker Hiding SPV for $325,899 in damages.

The claim states it had been raining earlier in the day and the road was wet when a safety step slipped away.

"The plaintiff lost his balance and fell to the right, and as he placed his right foot on to the road he inverted his right ankle," it said.

Mr O'Bank claims the production company was negligent and breached its contract with him by failing to identify the "foreseeable and not insignificant risk" the step could slip out from under him.

The claim states he should have been advised to make sure the step was "placed in a secure position" before being used.

A Gold Coast unit assistant is suing a television company for more than $325,000 after allegedly rolling his ankle while working on the set of a comedy series. Pic Brett Costello
A Gold Coast unit assistant is suing a television company for more than $325,000 after allegedly rolling his ankle while working on the set of a comedy series. Pic Brett Costello

 

Mr O'Bank suffered from a "displaced distal fibula fracture" and had treatment including a plaster cast and a moon boot following the incident, the claim states.

It also said he underwent two further surgeries, including installing and removing plates and screws from his right ankle.

Mr O'Bank claims he continues to suffer pain, swelling and stiffness to the area and "requires ankle support when walking on uneven surfaces".

The 53-year-old also claims he has suffered loss of "enjoyment" in lift and is likely to develop osteoarthritis in his ankle.

Of the $325,899, Mr O'Bank is claiming more than $100,000 after he was allegedly unable to work for 63 weeks following the injury.

Playmaker Hiding SPV Pty Limited dispute Mr O'Bank's allegations.

Their defence states the injury was caused by his own negligence.

They have also lodged a third-party claim against Eire Film Services Pty Ltd, who allegedly supplied skills, labour and equipment, including the step, and hired Mr O'Bank's boss as a contractor.

News Corp Australia

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