Introducing the Facts
On 26 November 2016, a 3 year old girl was killed when an ANZAC
memorial headstone erected in the grounds of the Blackhead Bowling
Club (the Club) became dislodged from its base and
fell on her. At the time a 10 year old boy was riding the monument
as if it were a horse. The underlying cause of the collapse was
that in 1997 the monument had been poorly constructed by John
Edstein (Edstein), a qualified stonemason.
Seven family members of the deceased claimed damages (for
nervous shock) against the Club, Edstein and CGU, the insurer of Mr
Edstein's company. The Club cross claimed against Edstein and
CGU. The matters involving CGU were resolved and the proceedings
against it were discontinued.
