PARENTS ordered to pay $853,396 in damages have won their appeal over being found negligent when their son’s friend fractured his skull during a sleepover.
The NSW Court of Appeal today overturned a finding that William and Susan Shaw were negligent in not ensuring that a bunk bed was fitted with a ladder and a guard-rail.
Cameron Brock Thomas was 10 and on his first sleepover at friend Joel Shaw’s house at Bilambil Heights, on the NSW north coast, in April 2004, when he suffered serious skull and brain injuries in a fall from the top bed bunk.
In June last year in the NSW Supreme Court, Justice David Kirby found the Shaws had been negligent and that Cameron’s injuries were caused by their negligence.
He awarded damages of $853,396, a figure which was not challenged by the Shaws who appealed the negligence finding.
Justice Robert Macfarlan (Macfarlan), sitting with Justices Margaret Beazley and Murray Tobias, concluded that the Shaws did not breach the duty of care they owed Cameron by failing to ensure the top bunk had a guard-rail and ladder.
His reasons included the fact that Cameron was a normal, active 10-year-old child and the height from which he had to descend was a low one, about 1.4 metres, approximately equivalent to his own height.
In August last year in line with Justice Kirby’s orders, the Shaws paid an interim instalment of $30,000 of the damages award.
The appeal court ordered that the Shaws be repaid such part of the $30,000 that was not spent for the benefit of Cameron prior to June 23, 2010.
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