McLaren Transport Ltd v Somerville

Somerville took a hay conditioner to McLaren transport to get a tyre changed. McLaren's employee Stumbles undertook to change the tyre, although he had little training in changing tyres. As Stumbles was unable to find a 15-inch tyre in stock, he then proceeded to try and fit a 15 1/2 inch tyre instead. After 3 attempts at inflating the incorrect sized tyre, it finally exploded, injuring Somerville who was assisting Stumbles with the tyre.

As Somerville was legally barred from suing McLaren for damages for his injury due to Accident Compensation law, he sued instead for exemplary damages, with the District Court awarding $15,000.

McLaren appealed.

The Court ruled that the award for damages was justified.