KINROSS Wolaroi School is yet to decide whether it will appeal a ruling in the Supreme Court which found the school was liable for injuries suffered by a 12-year-old student, which left her a paraplegic.
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In January 2008, Emilie Miller dove in to the shallow end of the Lithgow pool but slipped on a No Diving sign and hit the bottom.
The court heard she was under the supervision of a Kinross staff member and was instructed to dive into the shallow end.
Supreme Court Judge Robert Shallcross Hulme ruled the school was liable because it “actively encouraged [Ms Miller] to do what she was doing at the time of her injury.”
Principal Brian Kennelly said Ms Miller went on to graduate from the school in Year 12 and was studying teaching at Charles Sturt University in Bathurst, and the school was proud of her achievements.
He said the legal action Ms Miller’s family took was “understandable”.
“We have been, and are, very supportive of Emilie and wish her all the best,” he said.
“I enjoy getting updates on what she’s up to at uni.”
Mr Kennelly said the school was yet to meet with solicitors regarding the ruling and therefore could not comment further on the matter for fear of prejudicing any potential litigation.
The school has 28 days to lodge an appeal.
At the time of the accident, Ms Miller was ranked in the top 20 for swimming for girls her age in Australia.
Ms Miller also sued Lithgow City Council, the entity in charge of the pool, but Judge Hulme ruled it could not be found to be negligent.
A judgment on damages to be awarded to Ms Miller is yet to be determined.
nicole.kuter@fairfaxmedia.com.au
