Clarke-Jones, 54, is suing Endemol Shine Australia, which produces Australian Survivor for Channel 10, claiming damages, loss of past and future earnings, and medical expenses after he severely injured his ankle during a rope challenge on the 2019 season of show. Clarke-Jones also claims he has suffered depression and anxiety as a result of the injury.The horror fall and Clarke-Jones’s obvious distress and pain and subsequent retirement from the competition was aired as part of one of the episodes of that series.The parties attended a mediation to try and resolve the legal stand-off on Friday.With no resolution reached, Clarke-Jones is now heading to court.The case is expected to be heard in the Supreme Court of Victoria in August.Clarke-Jones, from Phillip Island, was paid $25,000 to take part in the series, called Australian Survivor: Champions v Contenders, which was shot in Fiji between April 29 and June 23, 2019. “The plaintiff is and has been since his injury totally incapacitated for his previous employment and claims past loss of earnings and future loss of earnings,” Clarke-Jones’s Statement of Claim read.“The plaintiff also claims loss of opportunity in relation to competing for the prize money available on Survivor, and other professional big-wave surfing related events, awards and business opportunities.”It is claimed the incident was caused by the negligence and/or breach of duty of Endemol Shine Australia Pty Ltd.In a defence filed in July last year, Endemol Shine Australia denied “each and every allegation” that the injury was caused by negligence and/or breach of duty.Clarke-Jones commenced his legal action against Endemol Shine Australia in May last year and is represented by Lee Flanagan at Arnold Thomas & Becker.
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