& # 39; He failed to see where he was going & # 39 ;: Golf Resort claims that Kerri-Anne Kennerley & # 39; s HUSBAND is to blame for his crippling fall in a garden bed
- The estate of Kerri-Anne Kennerley & # 39; s husband starts a legal battle over his fall
- The golf course says he was not negligent in the death of John Kennerley, but he was
- "(Any injury) is caused or caused by the plaintiff's negligence"
The golf course where Kerri-Anne Kennerley & # 39; s husband John fell into a garden bed and left him permanently paralyzed, accused the accident of & # 39; own negligence & # 39; from Kennerley.
The TV star's husband fell from a balcony in the Bonville International Golf Resort on the evening of March 6, 2016 and broke his C3 and C4 vertebrae at 57 cm lower than the garden bed.
Kennerley was paralyzed from the neck down and died in March of this year, aged 78. His estate sues the golf club's parent company for unspecified compensation for & # 39; negligence & # 39 ;.
But the resort lawyers who were asserted in an NSW Supreme Court that Kennerley could not see where he was walking and that he was injured is at least partially his fault.
Kerri-Anne Kennerley & # 39; s husband John was partially paralyzed after he fell into a garden bed in a Coffs Harbor, NSW, gold resort, heard a court
John Kennerley fell 57 cm in a garden bed and broke his C3 and C4 vertebrae on the above course
"The defendant says that if the claimant suffered damage, loss and damage as reportedly, such injury, loss and damage was caused or contributed by the claimant's own negligence," the document said.
The judicial document – the defense's response to Mr. Kennerley & # 39; s claimants' statement – claimed that John had been negligent in four ways.
The defense claimed that he could not see where he was walking, he could not watch carefully, he could not be careful & # 39; did not step on an object & # 39; – a price that lay on the floor – and was negligent by stepping into a garden bed.
The golf club said he was not liable for Kennerley's alleged injuries, because he had not been negligent and the risk of his fall was unpredictable.
A smoking Kerri-Anne Kennerley told News Corp this week that the trial was part of a long fight with insurers.
& # 39; John and I survived for three years but other people couldn't and that really makes me angry & # 39 ;, she said.
& # 39; Whatever the circumstances, an accident for which an insurance company drags something out for almost three and a half years is despicable. & # 39;
KAK told News Corp. this week it's just the final chapter in its fight with insurance companies about the incident
In a statement of claim, Mr. Kennerley's lawyers argued that a & # 39; reasonable person & # 39; had taken precautions in the position of the golf club to prevent people from being injured.
The lawyers said Kennerley attended the club for a charity golf event with his wife that day.
Around 7.30 p.m. he sat down at a table on the edge of a porch overlooking a garden with two other people.
An hour and a half later, the two guests left and asked for a photo with Kerri-Anne and John.
& # 39; To participate in the photo, (Mr. Kennerly) stood up from his chair, he took 1-2 steps back and to his left he stood behind his wife & # 39 ;, the statement said.
& # 39; His left foot stepped on the edge of the porch (adjacent to the garden bed), causing him to lose balance and fall. & # 39; The case goes further.
JOHN KENNERLEY & # 39; S TRAGIC GOLF CLUF FALL: A TIMELINE
March 6, 2016: John and Kerri-Anne Kennerley are at the Bonville International Golf Club in Coffs Harbor when Mr. Kennerley fell out of the porch while taking a photo.
He broke his C3 and C4 vertebrae and was placed in an induced coma
Kennerley could not feed himself or talk and his wife became his main caretaker
November 2016: Kennerley finally goes home after eight months, with nurses visiting family property twice a day.
September 2018: Lawyers file a lawsuit against Iron Hill Management, owner of the golf resort, on behalf of Mr. Kennerley
The lawsuit sought unspecified compensation, costs and interest
The claim accuses the club of negligence in its duty of care, since the porch has no fencing or warning signs
February 2019: Mr. Kennerley died after fighting health issues. He was 78
June 2019: The trial has been included in the Supreme Court but adjourned until July
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