Catchwords:

NEGLIGENCE — personal injury — worker injured on building site when lifting a concrete hose with another worker — identification of risk of harm — whether findings of fact permitted elements of negligence of other worker to be established — identity of other worker undisclosed — uncertainty whether other worker was employee or supplied under labour hire agreement — whether employer vicariously liable for negligence of other worker — whether sufficient that other worker performed tasks “as if” an employee – whether transfer of control — whether evidence permitted finding that other worker was employee — assessment of contributory negligence

NEGLIGENCE — damages — personal injury damages — assessment of future economic loss —plaintiff suffered from degenerative spine condition prior to incident — assessment of future domestic assistance — appropriate hourly rate