A teacher has taken legal action against her school after being injured while playing basketball in high heels.
Derva Josic, a teacher at Noble Park English school in Melbourne, is suing the Department of Education for negligence, alleging it allowed her to wear high-heeled boots instead of trainers at a staff retreat.
He also claimed that he was not told that he did not have to take jump shots.
The Herald of the Sun reported Ms Josic has commenced action in the County Court of Victoria against her employer through WorkSafe.
The incident occurred during a professional development session in 2017.
Ms. Josic claimed her employer allegedly failed to instruct her to wear athletic shoes, failed to advise her to remove her regular shoes before playing basketball, and failed to instruct her how to safely shoot a basket in non-athletic shoes.
He also claimed that he was not informed that he did not need to or should not jump when shooting.
Ms Josic was injured after landing awkwardly on her right foot and twisting her ankle after shooting a basket.
A teacher is suing the Department of Education for negligence alleging it allowed her to wear high heel boots instead of trainers at a staff retreat (file image)
The Department of Education objected to expert evidence from forensic engineer Bill Contoyannis (pictured)
You are also entitled to claim compensation for a work injury under WorkSafe laws.
The jury trial, which will last between five and seven days, was scheduled to begin on July 24.
The Department of Education has lodged an objection to expert evidence from forensic engineer Bill Contoyannis.
His online biography describes Mr Contoyannis as a qualified mechanical and biomedical engineer and ergonomist.
Mr. Contoyannis has provided expert testimony in numerous court cases.
Judge Aine Magee concluded that both of Mr Contoyannis’ reports were inadmissible because his opinions were not based on his specialist knowledge.
Ms Josic has taken legal action in the County Court of Victoria (pictured) against the Department of Education after injuring herself playing basketball at a staff retreat.
He ruled out that Mr Contoyannis’s opinions “enter into the realm of speculation as to the circumstances of the incident.”
She said evidence on the “force of landing on shoes” should be based on evidence, not just opinion.
“Mr Contoyannis did not perform any tests other than measuring the heel height of the boots worn by the plaintiff in 2017,” Judge Magee said.
He also refused to acknowledge Mr Contoyannis’s view that the chance of injury would have been greatly reduced by wearing sports shoes, saying this was “mere comment”.
“There is insufficient evidence to establish that Mr Contoyannis possesses any specific skills, knowledge or experience that would enable him to provide an expert opinion on athletic footwear,” Judge Magee said.
A Department for Education spokesperson said: “Schools are doing their best to ensure the safety of students and staff during all activities undertaken as part of teaching and learning programmes.”
