By Daniel Piotrowski for Daily Mail Australia
Published: 05:00 BST, 27 June 2019 | Updated: 05:07 BST, 27 June 2019
The golf course where Kerri-Anne Kennerley's husband John fell into a garden bed leaving him permanently paralysed has blamed the accident on Mr Kennerley's 'own negligence'.
The TV star's husband fell from a balcony at the Bonville International Golf Resort on the evening of March 6, 2016, fracturing his C3 and C4 vertebrae on the garden bed 57cm below.
Mr Kennerley was paralysed from the neck down and died in March this year, age 78. His estate is suing the golf club's parent company for unspecified damages over 'negligence'.
But the resort's lawyers alleged in a NSW Supreme Court filing that Mr Kennerley had failed to look where he was walking and if he was injured, it's his fault - at least in part.
Kerri-Anne Kennerley's husband John was partially paralysed after he fell into a garden bed at a Coffs Harbour, NSW, gold resort, a court heard
John Kennerley fell some 57cm into a garden bed and fractured his C3 and C4 vertebrae at the above golf course
'The defendant says if the plaintiff suffered injury, loss and damage as alleged, such injury, loss and damage was caused or contributed to by the plaintiff's own negligence,' the document said.
The court document - the defence's response's Mr Kennerley's lawyers' statement of claim - alleged John had been negligent in four ways.
The defence alleged he failed to look where he was walking, failed to keep a proper lookout, failed to take care 'not to step onto an object' - a prize that was on the floor - and was negligent by stepping into a garden bed.