LAWSUIT: Woman suing council for $1.2m over monorail fall
A WOMAN who claims she was left permanently injured after a fall from a piece of play equipment in a park is suing Bundaberg Regional Council, and the person who carried out work on the Boreham Park monorail, for more than $1.2 million.
Kristina Anne Bishop lodged the claim with the Supreme Court of Queensland on Friday, seeking $1,205,687.08 for a range of costs including past and future medical expenses, past and future economic loss, past and future care and past and future superannuation loss.
According to the documents before the court, the now 21-year-old was injured on July 27, 2014, during a family barbecue at the Avenell St park.
The 15-page suit claims Ms Bishop was using the monorail pedal cart when she was "propelled head-first over the front of the pedal cart when it suddenly stopped, striking her right leg on the handlebars and then landing on her head and neck on the ground below".
As a result Ms Bishop claims she suffered numerous injuries including a head injury with mild concussion, and injury to her lumbar and cervical spine and an injury to her right knee.
The claim also outlines that Ms Bishop still, and will continue to, suffer pain and restricted movement in her cervical, thoracic and lumbar spine, headaches, intermittent paraesthesia in her hand, limitations in bending, twisting, running, jumping, squatting and negotiating stairs.
The biggest portion of the claim relates to a loss of income, with Ms Bishop seeking $437,666.36 in compensation as a result of only having the capacity to work, even with further treatment, 20 hours per week in a sedentary role.
According the the claim, Ms Bishop has required the care and assistance of others in respect to day-to-day living and will require care and assistance for the remainder of her life.
The civil proceedings against Rapid Industries, the business engaged by Bundaberg Regional Council to refurbish the pedal cart, and the council itself, claims a rubber guard was not re-affixed or replaced following refurbishing works.
Ms Bishop claims her injuries, loss and damages were caused by the negligence of Bundaberg Regional Council, who "failed to conduct any, or adequate, inspection of the pedal cart before, or at about, the time it was reinstalled on the monorail track" and who "allowed or permitted users of the park to use the pedal cart when it was dangerous for them to do so".
In October 2014, Ms Bishop told the NewsMail about the incident, describing the pain of the fall as excruciating.
"When I got up my eyes were all black," she said.
"And there was yellow coming out of my nose. They think it was spinal fluid."
With the matter now before the court, all parties declined to comment.