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"Woman pees from veranda, falls on picket fence, sues her ex

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  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    A WOMAN who fell from a veranda while urinating and impaled herself on a picket fence is suing her former fiance for substantial damages.

    Michelle Egglestone, of South Ballarat, claims that the veranda at the house in Smythes Creek was constructed with inadequate ballustrading and this caused her to fall a small distance to the star picket fence below.

    In a Supreme Court writ Ms Egglestone, 35, is said to have sustained "penetrative injuries to the rectum, vagina and bladder necessitating surgical treatment involving laparotomy, repair of the bladder, repair of the vault of the vagina and colostomy".

    "The plaintiff sustained injury at the premises while she was urinating from the veranda, which was inadequately lit," it says.

    She sued Leslie Furness, saying that he failed to ensure the veranda complied with building codes, failed to ensure the star pickets below had protective capping to minimise the risk of anyone "coming into contact with them".

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    She said Mr Furness was the owner and occupier of the house and owed her a duty of care.

    Ms Egglestone said the injuries left her with scarring, depression and anxiety, post traumatic stress disorder and nightmares.

    Her statement of claim says that her injuries "could have been avoided with reasonable care on behalf of the defendant".

    Ms Egglestone says at the time of the incident on November 1, 2008 she worked part-time and lost income as a result of her injuries.

    A defence has yet to be filed.

    Was there some kind of toilet facility up there or is she just a scumbag?


  • Registered Users, Registered Users 2 Posts: 106 ✭✭mstq


    It was an apartment or something, so definitely there was one.

    Is it really taken into account whether you just lean over a veranda or you lean and pee? :d

    Gosh, must've hurt like hell to fall onto star picket fence with your "ladys" parts.
    I cut my palm across when I slipped of a "stool" when trying to jump over one of them [I was my own houses fence but I forgotten keys to the gate :P ]


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    mstq wrote: »
    It was an apartment or something, so definitely there was one.

    Is it really taken into account whether you just lean over a veranda or you lean and pee? :d

    Gosh, must've hurt like hell to fall onto star picket fence with your "ladys" parts.
    I cut my palm across when I slipped of a "stool" when trying to jump over one of them [I was my own houses fence but I forgotten keys to the gate :P ]

    Note to self: Eat more fibre.....

    The defendant should not allow access to a dangerous structure - that the woman was going pee-pee is not relevant - she could have squatted to pick up a dollar and fallen.


  • Registered Users, Registered Users 2 Posts: 7,686 ✭✭✭eigrod


    Ouch !


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    hehehe "pentrative injuries" :)


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  • Registered Users, Registered Users 2 Posts: 3,012 ✭✭✭Plazaman


    What was wrong with the jacks I wonder that she had to go outside and pish off a balcony?


  • Registered Users, Registered Users 2 Posts: 106 ✭✭mstq


    The defendant should not allow access to a dangerous structure - that the woman was going pee-pee is not relevant - she could have squatted to pick up a dollar and fallen.

    Depends if the structure was really dangerous. It could be to a drunken person, but what about a sober one? I think that the fact that she was drunk and she was trying to take a piss out of that veranda might be taken into account.

    Dunno how this will be dealt with in Australia, but in Ireland I could downgrade that missus from visitor to trespassers arguing that she wasn't allowed to piss from balcony [term implied by morality or something].
    Am I correct?


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