Lithgow City Council v Jackson (2011) 281 ALR 223

Facts: Jackson (plaintiff; Pl) was found unconscious and injured in a drain and sued Lithgow City Council (defendant; D) in negligence. He conceded that D was only liable if he fell from a vertical retaining wall (but he could not remember). The paramedic had written in Patient Healthcare Record: “found by bystanders - parkland, fall from 1.5m to concrete, no other history”. It was signed by the driver and treating officer, but neither gave evidence at trial. Pl argued that this was a business record and admissible under s 69(2) Evidence Act, which could be used to prove that the Pl did fall vertically, and thus that the Council were negligent. Pl also wanted the note admitted as opinion pursuant to s 78. 

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