The parents of a young rider who died after falling from a horse are suing the Canberra Racing Club and others for damages over what has been described as "nervous shock".
Riharna Thomson, 22, died in 2017 after a horse named Chosen Prayer fractured its leg and fell at Thoroughbred Park, causing her to fall off and land, most likely head first, on a track.
Coroner James Stewart recently found the condition of the surface, known as Acton Track, had potentially caused the horse's breakdown and the fatal head injury Ms Thomson, an Australian National University student, suffered as a consequence.
Mr Stewart noted one experienced rider had described the synthetic surface, which had since been remedied, as "horrendous and inconsistent".
A preliminary ACT Supreme Court judgement, published on Monday afternoon, reveals Ms Thomson's parents, Ian and Carolyn Thomson, have launched civil action over the fatality.
It shows the pair are suing the Canberra Racing Club, which runs Thoroughbred Park, horse trainer Keith Dryden, who employed Ms Thomson as a stables assistant, and another trainer named Scott Collings.
"These are proceedings for damages for injury in the nature of what used to be termed 'nervous shock'," Chief Justice Lucy McCallum said in the judgement.
Nervous shock is a legal term used to describe a psychiatric injury inflicted on a person by the intentional or negligent acts or omissions of someone else.
Chief Justice McCallum said in this case, Ms Thomson's parents alleged negligence "on the basis that the track had inconsistent firmness and a soft patch beyond the finish post which contributed to the fall".
Her judgement said the three defendants were yet to file their defences.
The judge noted the civil proceedings had in fact commenced in 2020, but "nothing has happened" since then because the parties were waiting for Mr Stewart's coronial findings.
Those were only delivered in late May, a few days after Chief Justice McCallum's judgement shows she adjourned the civil case without ordering the defendants to file their defences.
The matter returns to court on August 1 for a procedural hearing.
