Dead horse
Posted: Wed May 02, 2007 11:03 pm
Biker wins $212,000 compo for hitting dead horse
By Mark Oberhardt
May 02, 2007 01:30am
A MOTORCYCLIST injured when he hit a dead horse lying on a Queensland road has been awarded $212,000 in damages.
Ricky Lee Lawes sued the Nominal Defendant on the grounds the motorist who originally hit the wild brumby should have cleared it from the road or highlighted its presence.
The Supreme Court was told Mr Lawes, then 21, was riding from Gympie to Rainbow Beach, north of Noosa, when he overtook a utility on Tin Can Bay Rd, on March 14, 2003.
After overtaking the ute, Mr Lawes's motorcycle struck a horse which was on the road and he was knocked out when thrown into grass.
Mr Lawes sued the Nominal Defendant, a government fund set up for road accident victims to claim damages when another party to the incident is uninsured or can't be found.
The Nominal Defendant argued the horse could die through other causes such as slipping, falling or snake bite.
In a written judgment released yesterday, Justice John Byrne said the more likely explanation was that the horse had been in a recent collision with an unidentified vehicle.
Justice Byrne said Mr Lawes had to share some of the blame because he had not slowed.
He reduced Mr Lawes's damages by 20 per cent and ordered he recover $212,000.
By Mark Oberhardt
May 02, 2007 01:30am
A MOTORCYCLIST injured when he hit a dead horse lying on a Queensland road has been awarded $212,000 in damages.
Ricky Lee Lawes sued the Nominal Defendant on the grounds the motorist who originally hit the wild brumby should have cleared it from the road or highlighted its presence.
The Supreme Court was told Mr Lawes, then 21, was riding from Gympie to Rainbow Beach, north of Noosa, when he overtook a utility on Tin Can Bay Rd, on March 14, 2003.
After overtaking the ute, Mr Lawes's motorcycle struck a horse which was on the road and he was knocked out when thrown into grass.
Mr Lawes sued the Nominal Defendant, a government fund set up for road accident victims to claim damages when another party to the incident is uninsured or can't be found.
The Nominal Defendant argued the horse could die through other causes such as slipping, falling or snake bite.
In a written judgment released yesterday, Justice John Byrne said the more likely explanation was that the horse had been in a recent collision with an unidentified vehicle.
Justice Byrne said Mr Lawes had to share some of the blame because he had not slowed.
He reduced Mr Lawes's damages by 20 per cent and ordered he recover $212,000.
