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A patron of Canberra's annual car festival Summernats has filed a lawsuit against the event, saying she was injured after security staff failed to evict an unruly spectator. Summernats will fight the allegations of negligence in a hearing next month. It was about 10pm on January 5, 2013 and the woman was sitting on a concrete block inside the Lyneham festival grounds waiting for burnouts, documents filed in the ACT Supreme Court say in setting out the background to the claim. It is suggested that a woman in white walked past and the crowd yelled "show us your tits white top". The people with this woman apparently took offence to the calls and yelled back. The woman yelled out words to the effect of, "at least she didn't show her tits, show her some respect". She believes she was misunderstood because she says a full and open can of Jim Beam was thrown at her. The suit alleges a scuffle broke out before security intervened, but the staff did not evict those involved from the festival grounds. The woman walked away but was later approached by someone from the scuffle. It is alleged she was punched and knocked unconscious. It is suggested that while on the ground and unconscious, the woman was trodden on by people running. Police investigated the alleged assault but no one was identified or charged. The lawsuit, filed by Commins Hendriks Solicitors on behalf of the woman, contends that by reason of the failure to remove an unruly patron, the woman suffered injury, damages and loss. The particulars of negligence alleged in the suit include that the festival, or its agents, failed to provide a safe environment for the woman, failed to properly supervise the spectators and failed to employ experienced or reputable security guards. The woman alleges she broke her left shoulder, an injury that still restricts her movement and causes pain. The alleged injury also means she has difficulty going about daily life. She alleges her mental health has also suffered. Summernats denies the allegations of negligence, and denies the woman was injured as alleged. The festival will also argue that even if the woman was injured as alleged, which it disputes, the injuries were caused by a third party, which Summernats is not liable for. The woman is claiming damages for her past and future medical expenses as well as domestic help for her home and garden. The case is set down for hearing in September.

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