The Mackay Junior Rugby Football League is being sued over an incident that occurred in 2011. Photo: Callum Dick
The Mackay Junior Rugby Football League is being sued over an incident that occurred in 2011. Photo: Callum Dick

$280K claim: Future ‘model’ sues sport club for fall

A MACKAY junior sporting club is embroiled in a legal stoush totalling almost $300,000 over claims a nine-year-old injury has ruined a young teen's modelling prospects.

The incident occurred about 5pm on August 12, 2011 in South Mackay.

Lockey Rigby had been at the Mackay Junior Rugby League grounds for a sporting event when he claims he fell over in a "rock garden" and seriously injured his right hip.

Paperwork filed in Mackay District Court state Lockey, then eight, had been warming up on the field when he went to the toilet.

The claim, filed in March this year, states on his way back he walked over to "the rock garden", while still wearing his football boots with plastic spikes and stepped on a large stone when "his foot slipped on the rock and he fell".

 

More stories:

Father of seven behind horror animal negligence case

Public masturbator makes freedom bid

Wicked stepmother forces child to sleep in filthy room

INSIDE STORY: How coroner determined who killed Shandee

 

Sherrie Wilkinson, acting as litigation guardian for Lockey, is suing Mackay Junior Rugby Football League for $289,674.76 plus further damages, costs and interest for negligence claiming the rock garden "posed a reasonably foreseeable risk of injury to children at the grounds".

The claim states the club failed to carry out "any adequate risk assessment" of the rock garden and did not "properly supervise and control the activities on the grounds where children who (are) lawful entrants to the grounds are likely to be attracted to the rock garden".

The total includes $140,137.90 for damages for personal injuries and consequential loss and not less than $50,000 for limitations in the type of modelling work he can undertake.

"It was reasonably foreseeable that children wearing football boots with plastic spikes would walk on the rock garden," the claim states.

The claim alleged Lockey suffered a serious hip injury to the neck of his right femur, significant surgical scaring about 15cm in length and 3cm in width and needed 42 hours per week of care for 12 months after the incident.

 

More stories:

The Mackay home deemed a public health risk

Quarry supervisor's 'tick and flick' safety approach

'Everything's gone to hell … because of your stupidity'

Filthy food prep conditions in Mackay restaurant

 

Further allegations include he continues to suffer "intermittent" pain in his thigh, walks with an occasional limp, has a lack of internal rotation at the hip and has keloid formation in the scar.

MJRFL is defending claims it breached a duty of care, denies it was responsible for the incident and rejects the alleged injuries Lockey claimed.

"There is no evidence to support that (Lockey) has a likely future career in modelling, noting (Lockey) has no experience working as a model," defence paperwork filed with the claim states.

MJRFL further states there was no evidence Lockey, who is now aged 17, intended to pursue a modelling career or that any modelling career would be limited by his injuries "which are not admitted".

The club denied claims Lockey had been warming up and "says that (the child) had been in the care of his mother in the stand prior to the incident".

The club rejected claims there was even a rock garden on the grounds, instead stating it was a "garden bed edge", which was a regular landscape feature "commonly found at sporting grounds, parks and other public areas attended by children and others" and "did not pose an unreasonable risk of injury".

 

Subscriber benefits:

Five ways to get more from your digital subscription

WATCH: Your guide to reading the Daily Mercury online

Daily puzzles and Sudoku another reason to stay subscribed

We're still here: How to contact your journalists

 

"All children at the grounds not on the field were to remain under the supervision of their parents," the defence documents state.

"The garden bed edge was not intended to be played on and contained no features which would suggest to a reasonable person in the position of (Lockey) that it would be played or walked on."

The defence paperwork stated Lockey was "fully weight bearing and had returned to school" within two to three months of the incident and that he had needed significant care from family because of his age not the fall.


HIGHLIGHTS: Hornets pile on 40 points in U17 trial match

Premium Content HIGHLIGHTS: Hornets pile on 40 points in U17 trial match

The Cherbourg Hornets hosted the Sunshine Coast Bunyas at Jack O’Chin Oval on...

Citrus industry under threat by Paradise Dam decision

Premium Content Citrus industry under threat by Paradise Dam decision

The Burnett region’s booming citrus industry, worth $183 million, warns a...

VIDEO: Farms turned white as storms wreak havoc in Eidsvold

Premium Content VIDEO: Farms turned white as storms wreak havoc in Eidsvold

The skies finally opened up delivering decent rainfall and even severe hailstorms...