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OT Interesting Tasmanian case reduces cyclists damages after appeal



 
 
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Old February 18th 16, 05:03 PM posted to uk.rec.cycling
MrCheerful
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Default OT Interesting Tasmanian case reduces cyclists damages after appeal

In his decision, which was agreed to by Justice David Porter, Chief
Justice Alan Blow said Mr Russell had contributed to the accident by
pulling out in front of Mr Chu’s vehicle for no apparent reason.

“In my view the respondent’s conduct involved a gross departure from the
standard of care required of a reasonable cyclist,” he said.

“Any reasonable cyclist in his situation would have done what his
companion did, pedalling along the left hand edge of the sealed roadway
until the approaching car had passed by.

“But the respondent, having turned and seen the appellant’s vehicle
approaching, rode gradually into its path without ever again looking
behind him. He quite unnecessarily created a dangerous situation when
none had existed.”

The court ordered Mr Russell’s damages be reduced by 50 per cent as the
result of his contributory negligence.

http://www.themercury.com.au/news/sc...a2c72858be1764
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