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Posted

http://www.heraldsun.com.au/news/more-news/woman-sues-ex-for-falling-while-peeing/story-fn7x8me2-1226072672462

 

Woman pees from veranda, falls on picket fence, sues her ex Norrie Ross From: Herald Sun June 10, 2011 12:00AM

 

A WOMAN who fell from a veranda while urinating and impaled herself on a picket fence is suing her former fiance for substantial damages.

 

Michelle Egglestone, of South Ballarat, claims that the veranda at the house in Smythes Creek was constructed with inadequate ballustrading and this caused her to fall a small distance to the star picket fence below.

 

In a Supreme Court writ Ms Egglestone, 35, is said to have sustained "penetrative injuries to the rectum, vagina and bladder necessitating surgical treatment involving laparotomy, repair of the bladder, repair of the vault of the vagina and colostomy".

 

"The plaintiff sustained injury at the premises while she was urinating from the veranda, which was inadequately lit," it says.

 

She sued Leslie Furness, saying that he failed to ensure the veranda complied with building codes, failed to ensure the star pickets below had protective capping to minimise the risk of anyone "coming into contact with them".

 

She said Mr Furness was the owner and occupier of the house and owed her a duty of care.

 

Ms Egglestone said the injuries left her with scarring, depression and anxiety, post traumatic stress disorder and nightmares.

 

Her statement of claim says that her injuries "could have been avoided with reasonable care on behalf of the defendant".

 

Ms Egglestone says at the time of the incident on November 1, 2008 she worked part-time and lost income as a result of her injuries.

 

A defence has yet to be filed.

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Edited by Jonesy

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