Girl injured at Wagga showjumping event sues equestrian organisations, Charles Sturt University, rider

The plaintiff was four years old when she attended the NSW Country Showjumping Championships in November 2017 in the company of her mother and another child.

While at the event, which was organised by the Riverina Equestrian Association and Equestrian Australia Ltd and held at Charles Sturt University, the girl was injured when a horse fell and landed on her.

It is alleged the rider did not maintain the control of the horse.

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Personal injury proceedings were launched against both equestrian associations, CSU and the rider in November 2020 in the NSW District Court, but this week Justice Michael Walton granted an application for the lawsuit to be transferred to the Supreme Court.

According to the suit, the girl sustained numerous injuries in the incident, including a fractured skull and temporal bone, moderate traumatic brain and closed head injuries, lacerated spleen, permanent hearing loss in her left ear and facial nerve palsy. An optometrist in 2019 also noted the plaintiff has reduced vision in one eye.

A clinical psychologist who assessed the plaintiff in December indicated she has made a good cognitive recovery but endures behavioural and emotional changes that are affecting schooling, sibling relationships and social development.

"It is premature to offer an opinion on whether there will be permanent cognitive and academic effects, as this may only become evident during high school," Dino Cipriani said.

"The reported emotional and behavioural changes would be amenable to psychological intervention for anger, aggression and social anxiety."

The hearing loss could affect the plaintiff's school, learning and career, the court heard, and an ear, nose and throat surgeon reported the only chance of improving the hearing would be through a cochlear implant. Dr Ken Howison noted while the girl had the use of her right ear "she should have no difficulty with her future schooling or playing sport", but she would be excluded from employment options that require normal hearing in both ears.

A neurosurgeon also reported "it was impossible to predict" what assistance might be required for household and domestic duties in adulthood, Justice Walton said.

Counsel for the plaintiff, Kelvin Andrews, estimated the extent of damages could be between $825,000 and $1.02 million when taking into account the resulting total loss of hearing in one ear, brain damage, medical expenses and future economic loss.

The defendants argue the medical evidence "did not support an assessment of damages over $500,000".

Justice Walton concluded if the claim was successful and a sought amount is awarded, it will be higher than what can be granted in the lower court, which has a limit of $750,000.

"My overall impression is that there is a risk that the amount to be awarded, if the plaintiff is successful, may exceed the jurisdictional limit of the District Court," he said.

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