‘Pest’ agent’s $400k compo bid over arrest injury
A SUNSHINE Coast real estate agent called a "pest" and a "drunken yobbo" by a Magistrate has sued the state for nearly $500,000 after he fell over during his arrest by police.
Grant John Cheatham, 46, a father-of-three from Mooloolaba claims he deserves compensation from the state because he has reduced brain function since he was allegedly knocked unconscious while being arrested by police in the car park of the Mooloolaba Junction McDonald's two years ago.
Mr Cheatham filed a civil claim for $411,950 compensation in the District Court in Brisbane on December 12 for injuries for assault and police negligence, which allegedly occurred on March 31, 2017.
He alleges in court documents Senior Constable Dan Haywood assaulted him while he was handcuffed, by unnecessarily "executing a manoeuvre" of "trapping" Mr Cheatham's legs between his own legs and "forcing" Mr Cheatham forward until he fell facedown onto the bitumen carpark.
He claims he suffered a fractured skull and a "traumatic brain injury" and was forced to take five months off work.
He claims his reduced ability to process information means he will be forced to sell his real estate agency, Leading Realty, that he bought just before the incident, court documents state.
Mr Cheatham claims he intends to sell Leading Realty on or before March 31, court documents state.
Snr Const. Haywood was investigated by the CCC and cleared of any misconduct.
Mr Cheatham admits he was drunk at the time he was injured, but claims the Queensland Police Service had a duty of care for his physical safety.
He is seeking future economic loss of $250,000 as part of the total damages sought.
Mr Cheatham was last year found guilty in the Maroochydore Magistrates Court of public nuisance and obstructing a police officer.
During the hearing in May 2018 Magistrate Matthew McLaughlin said part of Ms Cheatham's recollection of events was "nonsense".
"It was a bit of an exaggeration on her behalf in the heat of battle," Magistrate McLaughlin said.
He labelled Mr Cheatham a "pest" and a "drunken yobbo" trying to fight the world
He was fined $300 with no conviction recorded.
No court date has been set to hear his civil compensation claim.
The state has not filed a defence.