Toowoomba Turf Club and Murphy’s Law Security hit with $300k injury claim

While the plaintiff claims she tripped in the dark, the club said any reasonable person would have seen the step and perhaps intoxication contributed to the tumble

Nerina Jane Smith-Towler is suing the Toowoomba Turf Club and Murphy’s Law Security. (File Photo)

Toowoomba Turf Club lawyers have rejected a woman’s $300,000 injury lawsuit over a fractured ankle, claiming she was intoxicated.

In a statement of claim filed in the Toowoomba District Court Nerina Jane Smith-Towler said she had attended a family reunion at the club’s Winning Post Function Venue on April 9, 2022.

It was at the end of the evening, about 11pm, when Ms Smith-Towler and several guests were directed to leave via an internal stairway by Murphy’s Law Security staff.

Ms Smith-Towler claims she, her husband and two guests were led down the stairs by a security guard, to another bar area in which all lighting had been switched off.

The security guard then opened an external door and motioned for the group to leave through it.

Ms Smith-Towler claims that in the darkness she could not see a step down outside the door and she fell over.

As result of the fall, Ms Smith-Towler suffered two ankle fractures and some bruising.

She has filed an injury claim for $303,000 of which half related to the loss of future earning capacity.

Ms Smith-Towler works as a switchboard operator at the Toowoomba Hospital and claims her injuries have limited her likelihood of promotion as she cannot work full-time hours.

The Toowoomba Turf Club has indicated it would fight the lawsuit and denied responsibility for the injury.

In its defence filings the club claimed the step was well lit and that the edge was marked with yellow paint.

“The presence of the step was apparent to a person taking reasonable care of their own safety,” the filing stated.

“The incident was caused by the plaintiff’s intoxication as she consumed 4-5 standard drinks of red wine between 7.30-10pm.”

The club added that the amount of money Ms Smith-Towler had claimed was excessive.

“Any preclusion from promotion (which is denied) was only by reason of vicissitude of life,” it said.

The defendant, Murphy’s Law Security, has also indicated it would fight the lawsuit.

Originally published as Toowoomba Turf Club and Murphy’s Law Security hit with $300k injury claim