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Dead horse costs Qld taxpayers $200,000

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  • Dead horse costs Qld taxpayers $200,000

    Friday October 26, 04:25 PM
    Dead horse costs Qld taxpayers $200,000
    Queensland taxpayers have footed the $200,000-plus compensation bill for a motorcyclist who was thrown from his bike after crashing into a dead horse.
    A three-member Court of Appeal panel on Friday upheld the payment after the state government-funded Nominal Defendant body appealed against the Queensland Supreme Court-awarded compensation payout.
    Ricky Lee Lawes was riding along the pitch-black Tin Can Bay Road, north of Gympie, shortly before 9pm on March 14, 2003, when he struck the 400kg brumby lying in the middle of the road.
    A Queensland Supreme Court judge awarded him $212,000 in compensation in May this year after it was determined the horse had almost certainly been killed by an unknown motorist.
    The court ruled that motorist had breached a duty of care by not remaining at the scene and warning others of the hazard.
    Twenty per cent of the blame for the incident was apportioned to Mr Lawes, who admitted seeing the dead horse in his direct path but failed to slow down after misjudging the distance.
    However, because the motorist has not been identified, the cost of the payout had fallen on the Nominal Defendant, established to provide compensation for people injured by uninsured drivers.
    But, the Nominal Defendant appealed the decision, claiming Mr Lawes' injuries were not the direct result of the motorist's driving.
    The three-member Court of Appeal panel dismissed the Nominal Defendant's claim and ruled the motorist did have a duty to warn others.

    "who admitted seeing the dead horse in his direct path but failed to slow down after misjudging the distance." Does anyone else find this odd?
    Last edited by 19andrew59; 26-10-2007, 04:27 PM.

  • #2
    Grah... For those with a white background:



    Friday October 26, 04:25 PM

    Dead horse costs Qld taxpayers $200,000
    Queensland taxpayers have footed the $200,000-plus compensation bill for a motorcyclist who was thrown from his bike after crashing into a dead horse.
    A three-member Court of Appeal panel on Friday upheld the payment after the state government-funded Nominal Defendant body appealed against the Queensland Supreme Court-awarded compensation payout. Ricky Lee Lawes was riding along the pitch-black Tin Can Bay Road, north of Gympie, shortly before 9pm on March 14, 2003, when he struck the 400kg brumby lying in the middle of the road. A Queensland Supreme Court judge awarded him $212,000 in compensation in May this year after it was determined the horse had almost certainly been killed by an unknown motorist.
    The court ruled that motorist had breached a duty of care by not remaining at the scene and warning others of the hazard.
    Twenty per cent of the blame for the incident was apportioned to Mr Lawes, who admitted seeing the dead horse in his direct path but failed to slow down after misjudging the distance.
    However, because the motorist has not been identified, the cost of the payout had fallen on the Nominal Defendant, established to provide compensation for people injured by uninsured drivers.
    But, the Nominal Defendant appealed the decision, claiming Mr Lawes' injuries were not the direct result of the motorist's driving.
    The three-member Court of Appeal panel dismissed the Nominal Defendant's claim and ruled the motorist did have a duty to warn others.

    "who admitted seeing the dead horse in his direct path but failed to slow down after misjudging the distance." Does anyone else find this odd?

    Comment


    • #3
      sounds like they were using witchcraft speak to me, either that or he was just going really fucking fast

      by misjudged I assume he meant, no chance in hell of slowing down in time

      Comment


      • #4
        It's dark, and you see an unmoving lump in the outer reaches of your headlights. You have to identify it, figure out where it is, figure out where the road goes, then figure out if you can brake/swerve to avoid it.

        All this takes a fraction of a second, but that's all you've got to play with on a bike at night.
        For LAMS information and resources - http://www.perthstreetbikes.com/foru...thread-156358/
        For LAMS discussion and to ask questions - http://www.perthstreetbikes.com/foru...thread-143289/

        Comment


        • #5
          Whats the bet we're gonna get in the shit for claiming compo for such a thing.

          Comment


          • #6
            It costs $350+ to register a bike for a year in QLD (That's Rego + CTP).
            They're already getting shafted.

            Comment


            • #7
              Jon: depends if you have it registered as a single or dual seat bike. Single is lots cheaper.

              But yes, on average WA rego is cheap. But then again, the Qld gov't subsidises the cost of petrol (about 3 cents a litre). So it's all swings and roundabouts.
              For LAMS information and resources - http://www.perthstreetbikes.com/foru...thread-156358/
              For LAMS discussion and to ask questions - http://www.perthstreetbikes.com/foru...thread-143289/

              Comment


              • #8
                Originally posted by barfridge View Post
                It's dark, and you see an unmoving lump in the outer reaches of your headlights. You have to identify it, figure out where it is, figure out where the road goes, then figure out if you can brake/swerve to avoid it.

                All this takes a fraction of a second, but that's all you've got to play with on a bike at night.

                Yeah I ran over a dead roo quite a few years ago outside of Wagin in a Telstar, I was coming down a hill at ~120 when I saw this lump in the road and by the time I realised how big and what it was I was ~100m away, I started braking then realised that that would do more damage as the front dives under brakes so I took my foot off the brake and ran over it at ~70kmh . I then pulled over and tried checking out underneath with a torch but couldn't see jack shit so I pulled the roo off the road and kept driving, the car stunk like hell for a week though with all the baked on roo meat .
                #1 Gold Ticket Holder for the Barfridge Fan Club
                Originally posted by Phildo
                Noted. We'll check back on that one in three years
                Originally posted by filbert
                i'll pretend you didn't know she was 13

                98 BADASS TITANIUM BLACKBIRD - Past bikes 1982 XS250 Yamaha & 1983 CB750F with 900 motor
                Ozblackbird.net Administrator

                Comment


                • #9
                  Para045, i thought you were saying you hit it on the bike up until the last line... mass let down
                  Please contact the Administrator if your date of birth has changed.

                  Comment


                  • #10
                    Originally posted by Stormrider View Post
                    Para045, i thought you were saying you hit it on the bike up until the last line... mass let down
                    One of the guys from work hit ran over a roo at ~120 on his new ZX10 going towards Perth on Gt Eastern Hwy in Chidlow at ~545 after a night shift and was lucky not too crash it . Pissed him off having to clean the bike too :o
                    #1 Gold Ticket Holder for the Barfridge Fan Club
                    Originally posted by Phildo
                    Noted. We'll check back on that one in three years
                    Originally posted by filbert
                    i'll pretend you didn't know she was 13

                    98 BADASS TITANIUM BLACKBIRD - Past bikes 1982 XS250 Yamaha & 1983 CB750F with 900 motor
                    Ozblackbird.net Administrator

                    Comment

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