Smith v Capella State High School Parents and Citizens Association

The plaintiff, Mr Smith, was injured by a bull at a Capella bullarama on 15 July 2000. He was in a temporary laneway between a set of permanent pens in which the bulls for the rodeo were housed when not required in the arena, and the arena in which the bull riding was taking place. Mr Smith was “hooked” by a bull called “Ridgy Didge” owned by the third defendant, Mr Curran. The bull caught Mr Smith in the right hip area with his horns and tossed him up in the air. Mr Smith also believes the bull trod on him. Mr Smith did not see the bull coming. He was facing back towards the arena when the bull struck. Mr Smith brought an action against the Capella State High School Parents and Citizens Association, the Central Rodeo Cowboys Association Incorporated, and Mr Curran for damages for injuries sustained in the incident. The court was required to determine whether the construction of the temporary laneway, the poor lighting of the temporary laneway, and the third defendant’s failure to warn about the bull coming down the laneway were causative of Mr Smith’s injuries. The court was also required to determine whether the third defendant’s liability was absolute, and whether Mr Smith had assumed the risk of injury when walking in the laneway. The court found that the construction of the temporary laneway was not causative of Mr Smith’s injuries, nor was the poor lighting of the temporary laneway. The court found that the third defendant’s failure to warn about the bull coming down the laneway was causative of Mr Smith’s injuries. The court found that the third defendant’s liability was not absolute, and that Mr Smith had not assumed the risk of injury when walking in the laneway. The court found that the responsibility for the accident should be shared equally between Mr Curran and Mr Smith and that, subject to any finding of strict liability, Mr Smith should contribute 50% to the causing of the accident. The court found Mr Curran, the third defendant, wholly liable for Mr Smith’s damages. The court awarded Mr Smith damages in the sum of TWO HUNDRED AND FORTY THOUSAND FIVE HUNDRED AND FORTY-SIX DOLLARS AND EIGHTEEN CENTS ($240,546.18). The plaintiff’s action against the first and second defendants was dismissed.