Angela Kraay walked under an already lowering boom-gate, Bunnings claims
A Gold Coast woman is taking aim at one of the biggest brands in Australia – and she’s chasing a big payday.
Police & Courts
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THE US had Watergate. This is Boom-gate — and a Gold Coast seamstress and a giant hardware chain are at it hammer and nails.
Upper Coomera woman Angela Julienne Kraay wants $317,000 compensation from Bunnings Warehouse after she was hit on the head by a boom-gate while walking through the timber yard of an Oxenford store five years ago.
In documents lodged in the Southport District Court this year, Ms Kraay claims she suffered a traumatic brain injury when the barrier “suddenly lowered and a sharp metal sign” struck her.
However, Bunnings alleges the gate was lowering and Ms Kraay walked into it.
In its response to Ms Kraay’s claim, Bunnings claims the area where the incident happened was a “vehicle exit for the timber yard” and not usually used for pedestrians.
“It was not reasonably foreseeable that (Ms Kraay) would act as she did,” it is claimed in the defence filed in court.
Bunnings further claims that Ms Kraay did not keep a look out, failed to pay attention to where she was walking, did not see the closing boom-gate “in circumstances in which it was obvious” and failed to heed a stop sign.
“(Ms Kraay) ignored the obvious indications that the area was not an entrance for customers on foot as indicated by factors including markings on the concrete driveway and the existence of a boom gate,” the documents state.
Bunnings also claims that Ms Kraay’s injury was temporary and had fully resolved.
However, Ms Kraay had earlier claimed the injury had ongoing consequences.
“I used to love the outdoors, I ran a business as a seamstress and I spent as much time as possible with family and friends,” she told the Bulletin in a written statement in June.
“Now I’m a recluse and prefer to stay home because I’m so anxious and have lost so much confidence, both professionally and personally.”
The case is still before the Southport District Court.
Bunnings lawyers have requested medical records of Ms Kraay.