Douglas Muir v Gayle Lesley Manginelli (Supreme Court of Victoria, 10 September 2013, reported in Country News, 16 September 2013 at p. 7)


In November 2007, Deborah Muir (the wife of the plaintiff) attended a horse property operated by the defendant. An incident occurred when the defendant was leading her thoroughbred on a long lead towards a dam. Mrs Muir was riding her own horse in the vicinity. As the defendant’s horse passed Mrs Muir’s horse, it kicked backwards, hitting Mrs Muir in the chest and causing fatal injuries.


The plaintiff sought damages for the mental harm caused to him by his wife’s death, including for consequential loss of earnings. It was asserted that the defendant’s horse had in the past tried to kick other horses and should have been under better control, including being on a short lead.


The proceeding was compromised on the second day of the trial after the evidence of the first witness. The terms of the settlement were confidential.