'Superboy' wins back $1.5m thanks to high court ruling against NSW government
The family of a Sydney man nicknamed ‘Superboy’ after he mysteriously fell from a fast-moving train, has had more than $1.5 million in damages reinstated by the High Court.
Corey Fuller-Lyons was eight-years-old, when he and his older brothers, Dominic and Nathan, boarded a train heading to Newcastle on January 29, 2001.
But within two minutes of departing Morisset station, Corey fell out of the carriage, missed a power line and slid 20m along a three metre high embankment.
At the time, the train was negotiating a right-hand bend reaching speeds of 100km/h.
Corey was left with a fractured skull and covered with blood as he made his way over the tracks.
He climbed a two metre fence and asked for helping from passing drivers on Marconi Rd at Dora Creek.
The child suffered severe injuries and was flown to John Hunter Hospital where he needed surgery to repair his skull.
At the time he was dubbed ‘superboy’, but Corey had no memory of the incident and his siblings didn’t see anything.
Corey’s mum Nina Lyons, on his behalf, sued the State of NSW, citing negligence.
A Supreme Court trial in 2013 found that Corey must have fallen through the front doors of the carriage – despite no direct evidence of how he fell.
The train doors were centrally operated by the guard and could not be opened by hand when locked.
The state argued Corey had interfered with the doors and was assisted by his older brothers – They both denied any involvement.
Justice Robert Beech-Jones found it was most likely Corey was trapped between the doors as they closed at Morisset station – leaving part of his torso and at least one of his arms and legs outside the train.
He held the State vicariously liable for the negligent failure of rail staff to keep a proper lookout before signalling for the train to depart.
Corey had since experienced severe cognitive dysfunction as a result of the fall.
He has permanent frontal lobe damage.
He was awarded $1,536,954.55 in damages, including:
• General damages in the amount of $477,000.
• Past and future economic loss calculated to age 67 $87,375 and $348,804 respectively
• Past and future loss of superannuation: past is $9611 and the future is $38,368.
• Past and future care $121,821 and $150,471 respectively
• Past medical expenses: $1,734.55.
• Future medical costs: $35,000
The State government appealed the verdict and in December 2014 the Court of Appeal found the trial judge could not have been satisfied that rail staff were negligent because there were a number of ways Corey could have fallen out of the train.
They found the alternative hypotheses were of equal or greater probability than Corey being trapped between the doors.
Corey sought special leave to appeal the High Court.
On Wednesday, the High Court upheld Corey's appeal.
Five judges unanimously found the hypothesis that Corey's body was partly stuck in the doors when the train left the station was the most likely scenario, notwithstanding that other possible explanations could not be ruled out.
The case will be remitted to the Court of Appeal to determine costs.
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