Triathlete’s court win after suffering horror race injuries

A Queensland mum and psychologist who suffered a brain injury after being run down by a para-athlete while competing in a triathlon has successfully sued the event organiser in a million-dollar civil claim.

A Queensland mum who suffered a brain injury after being run down by a para-athlete while competing in a triathlon has been vindicated after the state’s highest court upheld her million-dollar civil claim.

Psychologist Sally James was running in the Gold Coast triathlon in 2018 when a para-athlete competing in a wheelchair travelling at least twice her speed accidentally crashed into her, causing her to fall and hit her head.

Doctor James suffered serious brain injuries and post-traumatic stress disorder as a result of the collision and won a damages claim against the event organisers USM Events Pty Ltd in the Supreme Court last year. The wheelchair athlete was not a defendant in the matter.

USM appealed the decision but the Court of Appeal has this week dismissed the appeal and ordered the company pay Dr James’ costs, bringing an end to the long-running ordeal.

Dr James was forced to close her successful psychology practice and declare bankruptcy in the wake of the crash in February 2018.

The court heard one day before the triathlon, poor water quality forced organisers to change the event to a duathlon which meant instead having the planned bike, run and swim legs, competitors instead completed two run legs and one bike leg.

Psychologist Sally James was running in the Gold Coast triathlon in 2018 when a para-athlete competing in a wheelchair travelling at least twice her speed crashed into her, causing her to fall and hit her head

The altered course consisted of an S-bend near the end of the run legs which was about five to six metres wide.

“Because of the conversion of the event to a duathlon, both athletes and para-athletes had to pass through the S-bend to complete the run leg,” the appeal judges wrote.

The court heard that as Dr James was running through the S bend at about 10km/h she was startled by a wheelchair competitor who was yelling and swearing at runners to get out of the way.

“(Dr) James had very little time to react given (the wheelchair competitor) was travelling at least twice the speed at which she was running,” the judges wrote.

“(The wheelchair competitor) did not slow down, and may have sped up to get past James and the other athletes in proximity to her.

“He could not safely overtake James at the speed he was travelling.”

The court heard that as the rider attempted to pass runners including Dr James, he struck her on the right leg with his rear left wheel, causing her to fall and strike her head, causing brain and psychiatric injuries.

Sally James was a fit and healthy triathlete when she was knocked down by a para-athlete during the GC triathlon in 2018 and suffered a significant brain injury. Photo: John McCutcheon / Sunshine Coast Daily

The court found steps could have been taken by organisers to separate wheelchair competitors, including erecting a barrier in the centre of the S-bend.

“USM was aware of the risks of collision between para-athletes in wheelchairs and able-bodied athletes,” the appeal judges wrote.

“USM was also aware that the change to the course meant that those two categories of athlete would be on the course at the same time, and encounter each other where the course narrowed.

“The change in the course presented an increased risk.”

Dr James was awarded more than $1 million including for general damages and past and future economic loss.