A VERMONT woman is sure to ruffle feathers after launching legal action over a swooping bird.
Eliana Deur-Davidson, 41, said she was was carrying her three-year-old niece through the Box Hill South Kindergarten carpark when a grey bird took aim at her head.
As she bobbed for cover, the musician said she lost balance.
“I ducked to the left and it went pear-shaped from there,” Ms Deur-Davidson told theHerald Sun.
Fearing her young niece would smash her head on the concrete, Ms Deur-Davidson said she went “into survival mode”, twisting her body to try to save the girl from injury.
She said she landed heavily on her knee.
Ms Deur-Davidson is now suing the City of Whitehorse after allegedly injuring her back in the fall in November, 2011.
She told the Herald Sun she had endured a traumatic two-and-a-half years, been sent to hospital three times, had two spinal injections and had to quit the job she loved as a youth worker.
Just last week she underwent a spinal operation.
She says she walks with a limp and cannot sit for more than 15 to 20 minutes.
“I’m not the sort of person to be bitter,” Ms Deur-Davidson said.
“I just feel like an injury has been sustained. I have to watch myself for the rest of my life.
“This injury could have been prevented. I just think they needed to take a little more care.”