By Katie Bice and Melissa Cunningham
A young mum who was left a paraplegic when she was crushed by a large tree branch at Flemington Racecourse has settled a multimillion-dollar claim against the Victoria Racing Club.
The case was settled on the eve of a trial at the Supreme Court after days of legal argument, with the details confidential and the racing club to pay the woman’s costs.
Amanda Parsons (centre) in the Victorian Racing Club’s 2021 annual report.Credit: Victorian Racing Club
Amanda Parsons was in the members’ car park after a race meeting on a gusty, autumn day in March 2022 when the enormous branch, estimated at 23 metres in length, fell from a 60-year-old red gum.
The 36-year-old woman suffered a spinal cord injury just below the neck, multiple fractures to vertebrae, and a broken pelvis, ribs, leg, foot, and collar bone among internal injuries. Three others were also injured when the branch fell.
Witnesses reported hearing a loud thud when the branch fell, which some described as sounding like a gunshot.
Parsons’ original claim had itemised losses and damages totalling more than $20 million.
An image of the enormous branch, estimated to be 23 metres in length, which fell from a sixty-year-old red gum and injured Amanda Parsons. Credit: Nine News
A statement of claim alleged the tree had been compromised by fungi, visible on the trunk for two years before the accident, bacteria in the limb that broke away and termite activity.
It alleged the Victoria Racing Club was negligent for failing to regularly inspect the tree and maintain it, allowing over-extended limbs to grow, failing to adopt a reasonable tree management policy and failing to brace or support the huge tree limb to ensure the safety of patrons.
Parsons had sought compensation, including special and aggravated damages for ongoing medical, nursing and hospital expenses. At the time of the tragedy, Parsons’ daughter was only seven months old.
In documents submitted to the court, obtained by this masthead, Parsons alleged her catastrophic injuries had devastated her, irreversibly changing her life and the lives of those closest to her.
She said she is unable to care for her baby or support her husband and that she had been left with psychological trauma, including anxiety and depression.
An amended writ, tended to the Supreme Court, said Parsons’ blossoming career in the fashion industry had also been “totally destroyed”.
At the time of the incident, Parsons was earning $130,000 a year as a sales manager and buyer, but the Supreme Court was told she would likely never work again, resulting in millions of dollars of lost income.
Ironically, a photo of Parsons walking in the racing club’s gardens with friends was used by the Victoria Racing Club to promote its gardens, tracks and trade maintenance programs in its 2021 annual report.
Documents submitted to the court by Gordon Legal and Parsons’ high-profile barrister, Jack Rush, KC, alleged the club was negligent and had failed to properly maintain the tree, despite being aware of the risks, including that the species was notorious for major limb fall.
The documents said River Red Gum had been neglected for checking, monitoring or oversight for at least a decade before the tragedy.
Despite the club having many staff members employed in its grounds and gardens division, it focused a disproportionate and “recklessly unsafe” proportion of resources on maintaining roses, flowers and gardens, the documents stated.
Parsons’ legal team alleged this was to ensure “the most aesthetically pleasing” presentation of the televisual and public-facing parts of the racecourse.
“In doing so, it prioritised objectives which reflected beneficially to the public image...and recklessly ignored the serious safety issues with large, old River Red Gums,” the documents said.
“Had the defendant taken the simple and required step of commissioning a qualified arborist to conduct such a tree risk assessment or survey at any time in the three years before the incident…the plaintiff’s injuries would have been avoided.”
Amanda Parsons said the Victoria Racing Club’s negligence led to her injury.Credit: Racing Photos via Getty Images
The legal team acting for Parsons alleged the club had destroyed the tree limb immediately, depriving those injured the opportunity for an independent inspection and analysis of the tree.
It said the lack of an independent inspection had wrongfully and unlawfully denied Parsons the chance of obtaining crucial evidence for her case.
Gordon Legal senior partner Peter Gordon said the case highlighted the importance of upholding professional standards of tree management.
“Amanda is one of the most heroic people I have met. It has been a privilege to act for her,” Gordon said.
“Amanda was the person most seriously injured by this tree fall, but she wasn’t the only one. It is her hope that the resolution of her case will be of some assistance to the other people who were injured that day.”
correction
A previous version of this story said the red gum was inspected a week after the incident and its removal was recommended by an arborist. The recommendation pertained to a separate red gum at the site.