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Gracemere miner sues for $1m after Capricorn Highway crash

A GRACEMERE man who was seriously injured when his vehicle collided with a group of six horses on the Capricorn Hwy is suing three parties, including Central Queensland Livestock Exchange, for more than $1 million.

Shaun Hutton was driving to his job as a coal miner at 4am on November 11, 2013, when he struck the group of horses owned by a Pleystowe woman.

A claim before the Supreme Court at Rockhampton says the horses wandered onto the road way as a result of the defendants' alleged negligence in containing the horses.

The claim alleges Central Queensland Livestock Exchange, the largest livestock saleyards in Australia, ought to have known if livestock were to wander from the complex, the livestock were likely to wander onto the highway and were likely to have caused a high speed traffic crash.

Mr Hutton's claim said he received a head injury, a fractured left cheek, a compound fracture of the left wrist and various cuts and abrasions to his face as a result of the incident.

The claim says the three defendants failed to properly secure the horses, failed to maintain fencing, failed to properly and securely shut the gate and failed to catch the horses.

The third defendant, the individual, is also alleged to have breached the Australian Camp Draft Association rules in respect of camp drafting horses and failing to keep her horses under control or securely tethered.

The claim alleges organisers of the Rocky Super Series were housing "several hundred camp drafting and quarter horses".

It is alleged organisers of the event stored the performance animals in a confined space in circumstances where the horses were well fed and under exercised and were understood to be unsettled in unfamiliar surroundings.

The claim alleges the horses were more likely than general horses to attempt to escape the complex.

Mr Hutton is suing for almost $28,000 in past economic loss with total damages amounting to $1,068,362.

Central Queensland Livestock Exchange management declined to comment on the matter.

The Morning Bulletin was unsuccessful in efforts to contact event organisers.

Topics:  capricorn highway, gracemere, miner, sue, traffic crash



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