WA church successfully sued for woman losing leg at go karting event

Heather McNeill

Published: July 1 2017 - 12:35PM

A WA woman who lost her leg during a make-shift go karting activity set up in her church's car park has successfully sued for damages.

Jenny* had volunteered at Grace Christian Church in Bunbury on August 25, 2012, to take photos and videos of a men's spiritual growth conference at the Apostolic church.

Church member Graeme Holman had a background in go kart racing and had arranged for participants in the conference to ride them during the lunch break – setting up a course in the church's car park.

The course was bordered on the inside by a rope and witches hats and on the outer perimeter by a witches hat, one traffic barrier and a traffic bollard.

Jenny was offered a turn and accepted, riding around the track successfully on her first turn.

However, a Perth District Court decision, delivered on Thursday, showed Jenny was encouraged to have another turn and go faster.

"[Jenny] stated that when she drove five or six times around the track she felt that she was going quickly, but was told afterwards that she had not gone fast at all and someone could have walked next to her," the judgement read.

"Mr Holman admitted that he had encouraged the women to drive faster."

During her second attempt, Jenny lost control of her go kart around a corner and began to spin.

"In the process of trying to control it, the kart pointed to the outer perimeter of the track and straight at a tree located on the western side of the tarmac," the judgement read.

"[Jenny] tried to apply the brake, but instinctively slammed her right foot down which hit the accelerator instead of the brake.

"The kart rocketed forward and straight into the tree."

Jenny received serious injuries to her right leg with her foot almost severed. She underwent multiple surgeries but her leg could not be saved and was amputated below the knee two years later.

The go karts used in the activity were racing karts and had no safety or roll-over protection required for recreational go karting.

Mr Holman agreed that he could have put more barriers on the eastern and western side of the track to protect the riders.

The barriers on the southern side of the track extended some 20 metres and cost $170 to hire.

Another 40 metres of barriers could have been obtained at a cost of $214, which would have protected drivers from hitting the kerb on the eastern side or the bollards and trees on the western side.

Perth District Court judge Anette Schoombee found the church and Mr Holman had breached their duty of care and were liable to pay Jenny's damages.

Mr Holman was found to be liable for the accident but under the provisions of the Volunteers Act, was not personally liable – with that responsibility instead falling on the church.

The parties had previously agreed on an undisclosed damages sum, but the church had denied liability for Jenny's injuries.

*Not the woman's real name.

This story was found at: http://www.watoday.com.au/wa-news/wa-church-successfully-sued-for-woman-losing-leg-at-go-karting-event-20170701-gx2msm.html