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Quadriplegic motorcyclist wins $6m pay out

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Kaer, May 27, 2005.

  1. http://smh.com.au/news/National/Qua...wins-6m-pay-out/2005/05/27/1117129872346.html

    A motorcyclist who was left a quadriplegic after he was hit by an unidentified vehicle has been awarded more than $6 million in the NSW Supreme Court.

    Richard Paul Armstead, 45, sustained a serious head injury after an oncoming vehicle swerved into his lane on Crescent Road, Newport, on March 9, 2000.

    He fell from the bike and his head hit the concrete kerb.

    Acting Justice Harvey Cooper awarded Armstead $6,403,023 in damages.

    "I remember stopping, putting the brakes on, and change down gear and the bike went off to the right," Armstead had told the court. "So I instantly automatically steered myself to the right to avoid that car and that's the memory I have - the set memory."

    The case was against the "Nominal Defendant", meaning it was not possible to determine who the driver of the car was.
  2. No pay out would help with being a quadriplegic for life :(
  3. Thanks to our wonderful jutce system, how long do you think he will retian the money for before an appeal is made and he has to then pay it all back.

    It happens in most cases where all the money is taken off them :(

    As matt said though, $6M for the privelage of sitting down for the rest of my life.........bugger that.
  4. so who would appeal in a situation like this one?
  5. The NSW equivalent of TAC.

    Although they'd only appeal if it could be argued that the payout figure was excessive. Given the cost of future help for this poor guy (and the negative publicity) I'd be very surprised if they tried it.
  6. Especially as the next step is the High Court, and they need approval just to be able to have an appeal heard.
  7. A lot of people have had their payouts reversed.

    Sad but true :(
  8. It is a beancounter function - calculate the cost of (tax decuctable) continuance of legal action versus the cost of the payout.

    That's why the courts get clogged with appeals.