Court hears details of shoulder injury September 28, 2007

Former player could sue Cricket Australia

Cricinfo staff

Matt Berriman, a former Australia Under-17s player, has won the right to pursue a personal injuries claim against Cricket Australia. AAP reported that a Victorian Supreme Court judge ruled the statute of limitations be extended to allow Berriman to take action over a shoulder injury.

The court heard that Berriman, 23, suffered a dislocated right shoulder during a water polo game at the Academy in Adelaide in April 2001, when he was 17. Berriman claims Cricket Australia should not have allowed him to take part in the game because he had already had a shoulder problem in 1999 as a result of playing soccer.

Berriman claims as a result of the injury he quit his job and had a limited ability to perform everyday activities such as showering and working on a computer. The application was granted by Justice Jack Forrest, who ruled that the statute of limitations should be extended because Berriman only became aware through a doctor's report this year that the 2001 injury had caused his current disability.

Cricket Australia argued that their defence had been prejudiced by the delay in initiating proceedings, but Justice Forrest said he did not believe it would cause significant prejudice.