Proudlove’s compensation bid knocked back
The family of a promising young footballer who was catastrophically injured in a car crash in 2011 were dealt another blow today when their final attempt at claiming damages was knocked back.
Warrick Proudlove was a passenger in a Holden Commodore that hit a runaway horse on Albany Highway near Mt Barker in July 2011.
The former Claremont footballer was left with serious head injuries and is now unable to speak and needs around-the-clock care.
The Proudloves were forced to sue the driver of the car, Harley Burridge, in a bid to get compensation under the third-party insurance scheme that was in place at the time.
Kevin and Trish Proudlove took the case to the Court of Appeal last year after a District Court judge dismissed their claim for damages on behalf of their son.
Warrick's family was left heartbroken when the appeal was knocked back by three judges this morning.
During the appeal hearing, lawyers for the Proudloves argued Mr Burridge would have had “more than enough time” to stop his car if he was keeping a proper lookout.
They said Mr Burridge should have spotted a woman who was standing on the highway waving her arms in an attempt to warn motorists about the horses on the road.
But Mr Burridge’s lawyer told the court the plaintiff failed to prove a number of essential facts during the District Court trial, including where the woman on the road was positioned.
Under WA’s new no-fault insurance scheme, catastrophically injured car crash victims receive a guaranteed lifetime of care and support.
The new scheme is not retrospective and does not help Warrick’s parents cover his rehabilitation and mounting medical costs.
Warrick, who was aged 19 when he was injured, was travelling to Albany to visit his loved ones after moving to Perth to chase his AFL dream.
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