'Unholy fright': Amputee told to pay court costs after smash

2nd December 2017 6:05 AM
The Bundaberg T-junction crash dispute went to the state's highest court. The Bundaberg T-junction crash dispute went to the state's highest court. GOOGLE MAPS

A MOTORCYCLIST whose lower leg was amputated has been ordered to pay court costs after failing to prove a car driver caused the serious crash.

Ashley David Brown went to Bundaberg Supreme Court in March seeking damages for personal injuries, loss and damage after a 2013 smash.

He rode a Kawasaki Ninja 650 and Robert William Holzberger drove a Hyundai Terracan.

The court heard they collided at a T-junction as the Hyundai SUV made a right-hand turn into Reddan St.

Mr Brown had a serious compound fracture to his calf bone and shin bone and his left leg was amputated below the knee.

The Bundaberg court heard claims Mr Brown had made "boasts" on Facebook "about driving inappropriately on the road".

In April, the court delivered a judgment at Rockhampton against Mr Brown and in favour of Mr Holzberger's insurer, Suncorp.

Mr Brown appealed.

On Friday, a new Court of Appeal judgment said one contentious issue was the Kawasaki's location when the Hyundai started turning.

Another was Mr Brown's speed.

Mr Brown said he saw the Hyundai when he was about two or three house properties from the T-intersection.

"He recalled tapping his front brakes but there was no time for them to react," Justice Robert Gotterson wrote in the new judgment.

"His motorcycle collided with the Hyundai and he was thrown from it."

One witness said Mr Brown "zigzagged in his lane" and accelerated to about 80km/h from a stop at lights.

Another said she got an "unholy fright" from a motorcycle "whizzing" past.

The courts heard the bike and SUV collided barely two seconds later.

The appeal court was not persuaded Mr Brown was going as slow as "about 60 km/h".

"A [further] problem is that Mr Brown's version requires that Mr Holzberger's lookout was not just poor but quite improbably nonexistent," Justice Gotterson added.

Mr Brown's appeal was dismissed.

Justices Philip Morrison and Peter Flanagan agreed with their colleague.

The appeal court ordered Mr Brown to pay costs. -NewsRegional