Horse Racing - Canterbury Races @ Canterbury Park .Race 1 , Horses kick up mud in the wet conditions .Pic;Gregg Porteous
Horse Racing - Canterbury Races @ Canterbury Park .Race 1 , Horses kick up mud in the wet conditions .Pic;Gregg Porteous

$400k lawsuit after horse kicks woman at yearling sale

A 22-year-old has filed legal action after she claims she was kicked by a flighty horse at the 2018 Capricornia Yearling Sales, which left her in a Brisbane hospital for 10 days and with life-long injuries.

Lucie-Anne Kirk, of Middlemount, has filed the $400,000 lawsuit against the Central Queensland Thoroughbred Breeders Association and N Stewart, of Oaklands Stud, near Toowoomba.

The court documents detail the Central Queensland Thoroughbred Breeders Association was the organiser of the 2018 Capricornia Yearling Sales at Rockhampton Showgrounds in April 2018, where the incident occurred.

Mr Stewart is listed as a defendant in the lawsuit as the owner of the flighty horse and employer of the stablehand.

Ms Kirk travelled to Rockhampton with her parents and brother to inspect horses at the sale, looking to purchase a number of horses.

According to her claim, Ms Kirk was inspecting a horse with her father in the portable stables in an alleyway that was fewer than four metres wide.

Ms Kirk claims a stablehand had been handling an "unbroken yearling" which had been "flighty, unsettled and rearing" and that she led it into the alleyway where Ms Kirk and her father were standing.

Ms Kirk claims there was no verbal warning to exit the alleyway or that the horse was being brought in, and Ms Kirk and her father were forced to press themselves against the wall as the yearling came past.

The yearling did a double barrel, kicked its rear legs and hit Ms Kirk in the right lower loin region, according to the court documents.

Ms Kirk claims she sustained a grade four renal laceration and significant soft tissue injury to the muscles and nerves surrounding the right kidney.

The court claim alleges the alleyway between the stalls was too narrow to safely lead such a horse down it while people remained in the alleyway.

Ms Kirk was taken to Rockhampton Hospital and then to Princess Alexandra Hospital the next day where she remained for 10 days.

Ms Kirk claims she has demonstrable renal scarring, significant soft tissue injury in the muscles and right loin and kidney nerves.

Ms Kirk claims the injuries have impaired her capacity to undertake work on her family's cattle property and have left her requiring life-long blood pressure surveillance and assessment.

The claim was filed in the Rockhampton District Court this month by Jonathan C Whiting and Associates, Brisbane, for $400,000 in damages.

A defence is yet to be filed.

The claim is not connected with the Rockhampton Jockey Club which has since taken over the yearling sales.

 

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