A full bench of the Supreme Court will consider an appeal against a decision to award a bowls club volunteer $1.2 million in damages after he burnt his hand on a barbecue at a club event.
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The Supreme Court in August last year ordered the Port Sorell Bowls Club pay the sum to Kraig Anthony Dann after it had been found to be negligent in regards to the incident and had failed in its duty of care.
Lawyers for the bowls club on Monday did not contest that the club had been negligent though argued that apportionment of negligence and overall damages incurred by the club was manifestly excessive.
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Mr Dann had volunteered to cook sausages one night at the golf club after a request from the club secretary.
While doing so, the four-burner gas barbecue caught fire and stayed alight even after the gas was switched off.
Mr Dann noticed a ceramic cup on an angle touching the gas bottle with hot fat bubbling over it.
The court heard he feared that might cause an explosion so, with his hand wrapped in paper towel, he attempted to move it.
In doing so, hot fat spilled across his hand and burned him.
The court in the original trial heard that he had suffered pain daily and movement incapability as a result of the burn.
At the time of the incident, Mr Dann was due to go into a job with an annual salary of $105,000 and a company car, but the opportunity was terminated as a result of his injury.
The bowls club was ordered to pay $12,092 for past medical and pharmaceutical expenses, $452,753 for partial loss of earning, $678,721 for future lose of earnings, $41,000 for future medical expenses, and $80,000 in general damages for pain, suffering and loss of amenities.
Representative for the bowls club, Ken Read, said the original trial judge had found Mr Dann was 15 per cent negligent for the incident, but he contended this negligence was higher.
"It was the action of the plaintiff that was the immediate cause of his harm and those actions were under his control," he said.
Fellow legal representative Tom Cox said the trial judge had in error factored in the loss of the work vehicle as part of the claim for damages.
Mr Dann's lawyer, Bruce McTaggart, said his client did not have a reasonable opportunity to check the barbecue was in order before he started to use it.
The original trial judge had found the club secretary had set up the barbecue, lit it, and had failed to empty out the ceramic mug.
He said when it caught on fire, he acted in a situation of urgency with the aim to protect others.
Mr McTaggart said Mr Dann had feared children and other people near the barbecue might have been harmed by an explosion of the gas bottle if he did not remove the mug.
"It is at best a misjudgment, not negligence," he said.
The panel of three judges on Monday reserved its decision.