Woman hit by cyclist suffers brain damage suing the State

A woman hit by a cyclist is suing the state. File image.

A WOMAN who suffered a brain injury and broken bones when hit by a racing cyclist is suing the state for failing to keep her safe.

Chalisa Morrison, 41, says she was riding her bicycle through Westgate Park in Fisherman’s Bend in February 2013 when she was hit by Gareth Heitmann who was participating in a cycling race in the park.

Court documents allege Parks Victoria and the race organisers, Full Gas Pedallers, had failed to ensure the path Ms Morrison was riding along was closed or cordoned off so the public would not be hit by race participants.

The impact of the crash was so great Ms Morrison suffered a haemorrhage in the right frontal lobe of her brain resulting in persistent seizures, headaches, dizziness and impaired balance, concentration and memory and cognitive ability.

Ms Morrison also suffered a broken left collar bone and injuries to her spine and left shoulder psychological upset, depression, post-traumatic stress disorder, scarring pain and shock.

Since the crash Ms Morrison has required ongoing care and assistance. At the time of the collision she was working as a senior designer and project manager for Toyota and has been unable to return to fulltime work since.

Slater and Gordon public liability lawyer Lily Boskovski said Ms Morrison said her client was an experienced cyclist who “appreciates and values the importance of bike safety” and the accident had been entirely preventable.

“On the day of the accident, there was a lack of warning that an organised bike event was being held and Chalisa unwittingly rode into a dangerous environment,” she said.

“Event organisers have a duty of care to protect both participants and the public from reasonably foreseeable injury and we believe in this case they breached that duty.”

Ms Morrison says the organisers failed to provide any warnings of the existence of the race or to ensure those taking part in the race took reasonable precautions to ensure they did not hit other cyclists. She says Park Victoria also failed to properly assess the risks of the race or ensure proper controls were in place to ensure her safety.

And Ms Morrison’s writ also claims Mr Heitmann was riding too fast and failed to slow down or keep proper lookout or any warning of his approach.

She is seeking damages from the organisers, the State and Mr Meitmann for her medical treatment, lost earnings and pain and suffering.