‘I’d give it back if she could walk’: $20m payout over swim school accident
The Age
By Tom Cowie
October 16, 2021 — 11.55pm
A girl who was paralysed when she hit her head on the bottom of a pool during a swimming lesson has won a settlement of $20 million, believed to be one of the biggest payouts to an
lesson has won a settlement of $20 million, believed to be one of the biggest payouts to an individual in Victorian legal history.
Milly Yeoman, 17, was left a quadriplegic from spinal injuries suffered when she was instructed to dive into a toddlers’ pool as a 12-year-old pupil at Ballarat North Primary School in 2016.
Milly Yeoman in hospital after she hit her head on the bottom of a swimming pool.
Ms Yeoman filed a claim in the Supreme Court in 2018, which was settled earlier this year at mediation.
Swimming school company De Kort Enterprises Pty Ltd agreed to pay $10 million, the state of Victoria $6.67 million and the lesson instructor $3.33 million, according to court documents.
The settlement was reached with a denial of liability from the defendants.
At the time, the payout was kept confidential, however the full amount was revealed in court documents this week as part of proceeding to recover legal costs. Ms Yeoman’s legal team is seeking $1.27 million in fees.
The incident was also the subject of criminal proceedings, which resulted in the swimming school being fined $150,000 in 2019.
During the lesson, Ms Yeoman was instructed to dive into a pool that was just 1.2 metres deep. She hit her head on the bottom, severing her spinal cord.
The incident was captured on CCTV cameras, with the footage shown during court hearings. As recognition of the financial stress on Ms Yeoman’s family, it was agreed that $2 million
would be paid before the settlement was reached. The final amount will be held by the court in a fund as Ms Yeoman is under 18.
Ms Yeoman spent almost 200 days in the Royal Children’s Hospital and requires 24-hour care. Her family said the money would be spent on building a new house to cater for Ms
Quadriplegic Milly Yeoman back at home with her best friend Tilly Burke. in 2018. JEREMY BANNISTER
Yeoman’s complex needs, including a therapy pool and gym. “Nothing else has changed, it’s still an everyday job,” said her father, Peter Yeoman.
“It doesn’t make any difference, the novelty wears off looking at a bank account. I’d rather her be able to get up and run around with her mates instead of lying in bed.
“I would give anything to get our old lives back.” Mr Yeoman said he had been unable to return to his earthmoving business after the incident.
The payment means his family won’t have to rely on the National Disability Insurance Scheme.
“The financial side of things, she’s right. The Supreme Court looks after the funds,” he said. It is understood the settlement will be covered by the defendants’ insurance companies.
“They [the defendants] get to move on, we’re dealing with it for the rest of our lives,” Mr Yeoman said. “I can’t see us doing anything else. It’s ruined my daughter and wrecked me and my wife.”
Ms Yeoman’s solicitor, Nick Lyons, said that the settlement was believed to be one of the biggest in Victoria for an individual plaintiff.
“But nothing repairs the damage done in terms of the injuries, she’ll be a quadriplegic forv the remainder of her life,” he said.
A spokesperson for the Victorian education department said support had been provided to the school and Ms Yeoman’s family.
“This was a devastating incident, and our heartfelt and continued sympathy is with Milly vand her family,” the spokesperson said.
