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Caledwvech
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June 2003

Re: Ahhh the Good Old U S of A...	Wed, 09 February 2005 02:22

In Sydney.... High Court re-awards injured swimmer $3m 12:00 AEDT Wed Feb 9 2005 A swimmer who became a quadriplegic after diving into a wave at Bondi Beach has won back more than $3 million in damages. The High Court upheld an award of $3.75 million in damages to Guy Edward Swain, who suffered severe spinal injuries when he dived into a wave at the famous Sydney beach in 1997. The High Court judges ruled 3-2 that there was sufficient evidence on which a jury could be reasonably satisfied that Sydney's Waverley Council had been negligent. In May 2002, a NSW Supreme Court jury found the council responsible for injuries suffered by Mr Swain, then 24, who hit his head while swimming between surf life saving flags at Bondi Beach on November 7, 1997. It found the council was negligent because flags had been erected where there was a sand bank, and no warning signs alerted swimmers about the bar. The council was ordered to pay out $3.75 million. But in April 2003, the NSW Court of Appeal overturned the decision. Mr Swain then turned to the High Court, arguing the Court of Appeal was wrong in ruling no reasonable jury could have found the council liable for his injuries. On Wednesday a majority of the High Court found it was open to the jury to accept Mr Swain's version of how he was injured. It was also open to the jury to conclude that in placing the flags, the council should have exercised reasonable care to prevent injury to bathers. Whether or not the risk posed by the sandbar was obvious was a question of fact and it was open to the jury to conclude that the sandbar was a concealed hazard, they said. [Report message to a moderator]

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