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Old February 9th 08, 01:23 PM posted to rec.bicycles.racing
Davey Crockett[_5_]
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Posts: 1,385
Default Cyclist loses suit against fellow rider

Bill C a écrit profondement:

| I'd swear that I saw something where he dropped his suit last week, or
| the judge threw it out.
| Bill C

The Judge dismissed it if I remember correctly from an item in "The
Scotsman"

I would think that the claimant did have some small cause of action
but the judge obviously, and in full possession of the ins and outs of
the matter, thought otherwise, or he could have applied the doctrine of
"contributory negligence"

But another factor to consider is that the claimant's insurance
company, presuming for the moment that he had one, may have insisted
on him bringing the action to which it would be subrogated, hoping to
recover at least of its payout.

--

Contributory negligence, for anyone who doesn't grok it, is where the
judge feels both parties were negligent to a greater or lesser degree,
let's say plaintif/claimant 30 per cent and respondent/defendant 70
percent, where damages would be awarded of only 70 percent of the
amount claimed.

--
Davey Crockett
-
Driving a Stake through the
Heart of the Politically Correct
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