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Man sues Scienceworks after breaking back in bid to outrun Cathy Freeman exhibit

It's one of the most recognisable museum exhibits in Melbourne, where thousands have tested themselves against perhaps Australia's greatest athletics star.

A man is taking legal action against the Scienceworks museum after he ran "flat out" into a wall and fractured his spine while racing a virtual Cathy Freeman display.

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Man sues Scienceworks over Cathy Freeman exhibit

A man is taking legal action against the Scienceworks museum after he ran 'flat out' into a wall and fractured his spine while racing a virtual Cathy Freeman display.

Dean Smith, 44, filed a writ in the Victorian Supreme Court last week against the Museums Board of Victoria claiming he had been unable to work since suffering the severe injuries in June last year.

According to court documents, Mr Smith was running on the 10-metre dual-lane track against the computerised sprinting champ when he ploughed into a wall, injuring his skull, ribs and spine.

The digital exhibit, which has been a feature of the Spotswood museum for more than a decade, consists of a series of images of Freeman that illuminate in quick succession to reflect her speed on the running track.

Patrons can pit themselves against the 400m gold medallist by trying to beat the images as they light up. 

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Mr Smith told Fairfax Media that he was attending Scienceworks with his partner and two children on a family day out when he decided to try out the exhibit. After one warm-up effort, he wanted to have another go at beating Freeman.

"All these little things made me think I could beat her, I got a bit competitive thinking 'I can take on Cathy Freeman'," he said. 

"I focused in and took off and I'm still not sure, it's a bit of a blur, I realised I couldn't stop after the finishing line. I thought 'what am I going to hit?', I couldn't see it because it was all so dark.

"Then when I was 30cm from the wall I saw what was going to stop me."

Mr Smith's injuries, which are detailed in his statement of claim, include fractures of the C1 and T3 spinal vertebrae, a rib fracture and bilateral occipital condyle fractures at the rear of the skull. 

"Straight away I could feel my back was broken. The pain was intense, I couldn't speak properly, I couldn't breathe properly," he said.

The vertebral artery supplying blood to his brain had also been crushed, Mr Smith said, causing him to have a stroke since the incident happened.

The former pool fence installer said he still feels pain in his neck and back is seeking damages including loss of earning capacity due to being unable to work since the incident.

"No one wants to run flat out and put their head into a wall," he said.

"I'm just thankful that I can walk, it could have been so much worse.

"I have been told that if I had just moved my neck a certain way then I could have been paralysed."

In his writ, Mr Smith claims the operators of Scienceworks were negligent because they failed to provide adequate room to run and stop, failed to supply padding to prevent injury and failed to provide sufficient lighting in order to see the wall.

Supplying a track with a wall at the end of it was also negligent, the writ alleges, as was failing to warn Mr Smith the wall was there.

Nick Korkliniewski from the law firm Arnold Thomas and Becker said his client was only millimetres away from becoming a quadriplegic.

"Mr Smith was enticed to run as fast as he could in a poorly lit exhibit with only a very short stopping distance at the end of the race, no warnings or appropriate signage," he said.

"The lack of duty of care on the part of Scienceworks has led to these significant injuries."

A Museums Victoria spokesman said they were unable to comment on the matter due to active legal proceedings.