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Record $2. 7m damages for quadriplegic
SYDNEY: A 24-year-old New
castle man who was thrown off his
own motor cycle while riding pillion
passenger was awarded an Aus
tralian record $2.7 million damages
in the NSW Supreme Court yester
day.
Mr Jeffrey Ronald Bell, of West
Wallsend, Newcastle, was awarded
$2,703,829 by Mr Justice Larkins. He
was rendered a quadriplegic after the
crash and can now only move his neck
*
and head from side to side and shrug
his shoulder tips.
He sued a friend, Mr Peter James
Hutchison, of Shortland, who was rid
ing the motor cycle when it got out of
control on a left-hand bend and both
riders were thrown off near Kurri Kurri
on November 22 last year. Mr,
Hutchison was not_seriously injured.
Mr Justice Larkins said that although
Mr Hutchison had held a learner's
permit on occasions, he had never had
a licence to ride^ motor bike.
It was a fine night and although a
45km/h warning sign near where the
accident occurred had been clearly vis
ible, he accepted evidence that the
motor cycle had been travelling at
about 96km/h.
He found Mr Hutchison guilty of
negligence and said there was no con-'
tributary negligence by Mr Dell.
Mr Justice Larkins said he found Mr
Hutchison was a competent driver, that
he had a lot of experience and that his
ability to control the motor cyclc was
in no way influenced by alcohol he had
consumed that night.
He granted a 28-day stay of proceed
ings on the application of counsel for Mr
Hutchison on condition that 5700,000
of the award be paid immediately.
Mr Justice Larkins said from the
evidence presented it was vital for Mr
Bell to live in an air-conditioned at
mosphere - at the end of February this
year he had had an acne rash which
required prolonged treatment. And
quadriplegics also were susceptible to
1.
heat rash, particularly in warmer weath
er.
The main amounts awarded were
SI,577,750 for future care and atten
tion; $532,496 for loss of wages;
$83,760 for an air-conditioned car and
S34.330 for air-conditioning to his
house.
Mr Bell's mother, Mrs Fay Bell, said
"It seems a lot of money, but no amount
is going to make up for what he's lost.
The family would have to invest the
money to pay for his medical bills.
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