Former St Kilda AFL player Eli Templeton sues Balwyn Football Club for concussion incident

Former St Kilda player Eli Templeton’s sickening injury was caught on video during a game in Melbourne’s inner-east and could open the floodgates for other concussion cases to hit the courts.

A former AFL footballer is suing a local football club for a concussion he received in a sickening incident that was caught on video.

Eli Templeton, who played at St Kilda and won two best and fairests at Port Melbourne, is taking Balwyn Football Club to Victoria’s Supreme Court.

He is claiming the club’s boundary line was too close to a fence which resulted in a career-ending concussion after he was bumped out of the field of play.

The case, if successful, would be a landmark ruling and could open a Pandora’s box of concussion cases.

Documents lodged with the court state he suffered a “traumatic brain injury” in August 2022, when he was playing for Balwyn on loan from the VFL, which had a bye that weekend.

“By reason of his injuries, (Templeton) will never again play AFL football for reward and additionally claims economic damage for this loss,” the documents claim.

Eli Templeton in action at Port Melbourne. Picture: Michael Klein

“Since the date of the injury, (he) has experienced periods of unemployment due to injury.”

Templeton’s cash claim was not detailed in the documents but he would have lost more than $250,000 in missed football player payments.

Footage of the incident shows Templeton running for the ball at speed to crumb a boundary throw-in when he was bumped by an opposition player.

That contact caused him to fly over the fence, hitting the bluestone pavement head first.

The court papers state Templeton was suing the Balwyn Football Club, Eastern Football Netball League and Boroondara City Council.

Templeton, near the boundary umpire in yellow, was caught on video flying over the fence.

Former Richmond player Stephen Jurica is Templeton’s barrister in the case.

His solicitor Jim Palmos said the club was negligent because the boundary line was too close to the fence and was also impeded by a drinks cart.

Concussion campaigner Peter Jess said Templeton’s claim would be watched closely.

“This case is a game changer, this could run into the millions,” the veteran AFL player agent said.

“Ultimately, this will be funded by the end users. For the AFL, that’s sponsors, the people paying to attend and the broadcasters. For suburban clubs, ultimately it’s the parents who will pay because club insurance premiums will rise.”

Community sporting clubs have so far been exempt from legal claims because of the precedent set in the High Court ruling known as Agar and Hyde.

In that case, it was found that a player took on the inherent risk of concussion linked with playing contact sport.

However, if players are paid they are considered employees and can sue.

The AFL has already been battling two class actions by former players who accused the league of being negligent in handling concussion cases.

Former Western Bulldog Liam Picken and former Cats premiership player Max Rooke have filed lawsuits against the league.

One of the class actions covers the period between 1985 and 2023, with the case expected to drag out in the courts for years.

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Originally published as Former St Kilda AFL player Eli Templeton sues Balwyn Football Club for concussion incident