December 2, 2024
A former Kingaroy Shire Council employee is suing five Queensland councils for almost $1.3 million in damages for personal injuries after developing mesothelioma which he alleges was connected to exposure to asbestos dust at work.
Darryl Brooks, 57, was employed as the Director of Environment, Health and Community Services at Kingaroy Shire Council from August 2002 to July 2007.
He also worked as an Environmental Health Officer at Banana Shire Council (1988-89), Pioneer Shire Council (1989-90), Esk Shire Council (1990-1995) and Kolan Shire Council (1995-2002).
Mr Brooks lodged a Statement of Claim with the Supreme Court in Brisbane in June this year.
He is suing the post-amalgamation shires of Banana, Mackay, Somerset, Bundaberg and South Burnett for the actions of their predecessor councils.
The five councils lodged notices with the Court late last month that they intend to defend the claims.
Mr Brooks alleges that during his employment with the councils he was exposed to asbestos dust and fibre by “picking up, carrying, snapping, breaking, inspecting and otherwise handling” asbestos materials.
His responsibilities included inspecting waste management facilities, inspecting material which had been illegally dumped and collecting samples for testing.
He claims the councils failed in their duty of care, including by failing to provide a safe place and system of work and failing to provide protective clothing including respiratory protection.
Mr Brooks also alleges the councils were negligent, including by failing to promote safe work practices and failing to warn him that he was at risk or injury, illness or disease.
The Statement of Claim says Mr Brooks has developed malignant pleural mesothelioma for which he has undergone surgery, chemotherapy, immunotherapy and other related treatments.
The $1.296 million in damages sought include provisions for general damages for pain and suffering; past and future medical expenses; economic loss; and future expenses, including support services and palliative care.
