INXS guitarist Tim Farriss sues over severed finger incident
Lead INXS guitarist Tim Farriss has explained to a Sydney court why he is suing a boat owner after his major accident.
Farriss says he was forced into retirement after a boating accident severed one of his fingers.
Farriss hired Omega Clipper, 34 from John Axford to celebrate an anniversary with his wife, Beth, during the Australia Day long weekend in 2015.
The musician took issue with kinks in a “rusty and dirty” anchor chain at Akuna Bay, in Sydney's northern beaches.
Court documents have claimed it became a major issue when the foot-controlled deck stopped working.
He was then given instructions via text message, the winch became working again.
Horrifically, his left hand was caught in the machinery and he lost a finger.
Farriss is suing Mr Axford in the NSW Supreme Court for negligence and breach of Australian Consumer Law.
"How would you now describe your occupation?" his barrister, Adrian Williams, asked him
"Forced retirement," Farriss replied.
Mr Williams told the court that Farriss's reattached finger was "useless" and the musician was depressed.
"It is in a state now where he cannot play the guitar and he cannot compose in the manner he was accustomed to," Mr Williams said.
Farriss has claimed he has extensive injuries.
"My hand was covered in rust, blood and mud, but I could see one of my fingers had been severed and the others were disfigured, badly lacerated and bleeding," he recalled in the documents.
The 64-year-old said he finds it difficult to look at his injuries without wanting to faint.
He argues that his instructions should have been clearer and that the equipment should have been better maintained.
The court’s major question is whether INXS is going to embark on a comeback tour after drummer Jon Farriss announced on stage, during a 2012 Perth show, that it would likely be their last.
Tim Farriss told the court he was "shocked" by the comment at the time, but said it ended up producing "great marketing opportunities".
Farriss has been accused of "downplaying" his "extensive" experience with boats, a claim the guitarist denied.
John Turnbull, who is for the defendant, said there would be a "significant factual dispute" about Farriss's position when the accident happened.
"At some point, Mr Farriss must have loosened the winch clutch and stepped on the up button or perhaps the down button, but of course only he knows what happened," he said.
"Our case is this is a misadventure, sadly, by Mr Farriss who has undoubtedly been injured as a result of, somehow or another, the chain and his fingers ... coming into contact with each other."
Mr Turnbull argued there was "no doubt" a risk of harm from the machinery, but not for someone who would have been "acting reasonably".
"A reasonable person, though, had alternative options available," he said.
"A reasonable person would not have been injured if they had exercised reasonable care."
Farriss told the court he has nightmares about both his hands and his feet being dragged into the winch.
Mr Turnbull suggested to the musician that he had accidentally stepped on the “up” button on the deck, which activated the winch.
The defence went on to say the version of events was recorded by an ambulance officer at the scene.
"That's what you told the ambulance operator," he said.
"No, I didn't tell him that," Farriss replied.
"That might be something he assumed."
The hearing is expected to run the rest of the week.
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