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Tim Farriss has lost his legal battle against a boat charter company after an accident that he previously said sent him into “forced retirement.”
A judge ruled against the INXS founding member and lead guitarist, 64, last Friday in the New South Wales Supreme Court and ordered him to pay the defendants' legal fees,according to court documents, after Farriss' left ring finger was severed while operating a boat anchor in January 2015.
“Irrespective of the outcome today, I undertook this matter to bring awareness to a very dangerous situation and to ensure other families do not have to endure or witness such a devastating accident,” Farriss said in a statement, according toBillboard. “Needless to say I am very disappointed with the judgment and am looking at my options.”
The court documents state that, had Farriss been successful, he would have been awarded $622,000 in damages (around $444,000 USD) from John Axford and wife Jill of Church Point Charter and Shipping, whom he accused of negligence and breach of Australian Consumer Law following the incident that took place on their boat Omega Clipper in Sydney’s Akuna Bay.
Farriss claimed the anchor system was “unsafe and defective” and that Axford didn’t properly instruct him how to use it. Although he argued that he didn’t press the foot-operated button that controls the anchor, his story was disputed in court.
“A reasonable person would not have been injured if they had exercised reasonable care,” the defendants' legal rep John Turnbull SC argued in court back in September, according toABC.
Although his finger was able to be surgically reattached, Farriss' barrister Adrian Williams argued that the digit is “useless,” per ABC, adding that the accident halted INXS’s touring plans and sent him into “forced retirement.”
Born Aug. 16, 1957 in Perth, Tim started INXS (originally The Farriss Brothers) in 1977 with his brothers Andrew Farriss (composer, keyboardist) and Jon Farriss (drummer), as well as childhood friends Garry Gary Beers (bassist), Michael Hutchence (lyricist, lead singer) and Kirk Pengilly (guitarist, saxophonist). The group has been nominated for threeGrammy Awards.
source: people.com
