A pensioner is suing hardware chain Bunnings over a pallett of timber floorboards which fell onto his foot.
John Newman, 75, has launched proceedings in the Adelaide District Court, claiming he suffered a broken foot and related injuries when a Bunnings staff member dropped the pallet, at the company's Marion store in April 2009.
In court documents, Mr Newman claimed he was waiting at the trade desk and the floorboards were to have been transported to his car, but the staff member waiting alongside him suddenly released a lift lever on the hand pallet jack and the pallet fell to the floor.
He said Bunnings had a duty of care to ensure his safety but was negligent by not having trained its staff adequately in the use of pallet jacks and by letting him as a customer be close to the machine while it was in use.
Mr Newman said his injury had caused him economic loss from medical bills and reduced earning capacity.
He also said his quality of life had been affected.
Bunnings contested the claim, saying Mr Newman was responsible for his injuries.
"Bunnings denies it was negligent and breached a duty of care as claimed," it said.
"[Mr Newman] was negligent in that he failed to take any or any adequate care for his own safety.
He elected to stand in close proximity to the raised pallet jack and failed to take any or any appropriate evasive action." The company argued Mr Newman should not be awarded any damages.
"[Mr Newman] no longer experiences pain and suffering or loss of amenities," it said.
"He is 75 years old and in receipt of the aged pension and accordingly does not have an ongoing impairment of income-earning capacity." The matter is listed for a settlement conference in February.