Cyclist suing Church over crash

Cyclist suing Church over crash

Postby Ross » Wed Apr 03, 2013 1:28 pm

http://www.adelaidenow.com.au/news/nati ... 6611238134

A MAN who claims he was knocked off his bike by wayward school children is suing the Catholic Church for injuries sustained in the collision.
Alessandro Silano claims he was riding along the River Torrens near the University of Adelaide footbridge in 2009 when students riding bikes on an excursion from St Francis Xavier's Regional Catholic School collided with him head-on.
In his District Court statement of claim, Mr Silano, 48, asserts that the Catholic Church Endowment Society - the church's incorportated body - was negligent because it "caused, permitted and/or allowed" volunteer Sue Elliot and a student to "totally obstruct the pathway in an unsafe and dangerous manner".
But in its statement of defence, the society says the volunteer and student were stationary and Mr Silano crashed into a "concrete protrusion" of his own accord.
Mr Silano claims the society failed to adequately "anticipate events in order to avoid the collision" and was vicariously liable for the "negligent actions" of Ms Elliot and the students and breached its duty of care to Mr Silano.
He says the defendant failed to adequately inspect the pathway before the excursion to prevent risk of injury to the public using the pathway.
Mr Silano claims Ms Elliot failed to stop, slow down or otherwise manage or manoeuvre her bicycle so as to avoid the collision, which he says left him with injuries to his shoulders, left arm, wrist, hand, neck, upper back and left knee and bruising and abrasions.
The society says while Ms Elliot was partially in Mr Silano's lane, there was "sufficient room for a cyclist using reasonable care to avoid a collision".
It claims Mr Silano was himself negligent because he was riding at "excessive speed" and failed to slow down when approaching a bend immediately before the point of impact.
It asserts if Mr Silano suffered any injuries they were temporary in nature, minimal or related to pre-existing conditions including his chronic back, neck, shoulder and arm pain and his right shoulder and neck pain which resulted from falling off a bicycle in May 2009.
Mr Silano is claiming costs and damages, including for pilates, yoga and physiotherapy which he says were part of his recovery.
The society claims, however, he was already receiving the treatments before the incident.
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by BNA » Wed Apr 03, 2013 1:59 pm

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Re: Cyclist suing Church over crash

Postby sogood » Wed Apr 03, 2013 1:59 pm

What? Independent school permitting cycling outings for students?
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Re: Cyclist suing Church over crash

Postby MisuVir » Wed Apr 03, 2013 3:16 pm

sogood wrote:What? Independent school permitting cycling outings for students?


I wish my school had done things like this.

Sounds like he was going too fast to be able to react to what was on the path. As an every day commuter on Linear Park, I often have to slow down to navigate pedestrians. Unless they've suddenly swerved in front of him or cut across his lane on a corner, I don't know how he managed to crash into them... If they were approaching in his lane, he should be able to slow down to a stop.

It all sounds a bit stupid. I see no point suing people over this kind of thing either.
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Re: Cyclist suing Church over crash

Postby Daccordi Rider » Wed Apr 03, 2013 4:39 pm

He sounds like a world class sook. :shock:
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Re: Cyclist suing Church over crash

Postby MichaelB » Wed Apr 03, 2013 4:52 pm

Daccordi Rider wrote:He sounds like a world class sook. :shock:


+1 to that. Doofus as well.

He says the defendant failed to adequately inspect the pathway before the excursion to prevent risk of injury to the public using the pathway.


WTH ? I wouldn't be able to keep a straight face if I was in court !!!!
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Re: Cyclist suing Church over crash

Postby Tornado » Wed Apr 03, 2013 5:54 pm

I would assume he would need to be travelling at a speed at which he can reasonably react to issues given his visibility of what's ahead. I woudn't go screaming around a blind corner flat out hoping the path ahead was clear. If it is a shared facility I would think he will have his work cut out for him as they tend to be regarded as pedestrian facilities that we are tolerated on (in the eyes of the general public anyway). The public would expect him to operate his bicycle such to keep pedestrians safe.
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Re: Cyclist suing Church over crash

Postby bychosis » Wed Apr 03, 2013 6:06 pm

Typical blame someone else for him doing something stupid.
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Re: Cyclist suing Church over crash

Postby Mulger bill » Thu Apr 04, 2013 7:53 pm

Lemme guess...
He jumped up post prang, grabbed his knee and started screaming "whiplash". :roll:
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Re: Cyclist suing Church over crash

Postby Biffidus » Thu Apr 04, 2013 8:26 pm

Tornado wrote:I woudn't go screaming around a blind corner flat out hoping the path ahead was clear.

From what I've seen, and the posts I've read on this forum, there's many that don't share your sense of self preservation.
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Re: Cyclist suing Church over crash

Postby Tornado » Fri Apr 05, 2013 11:17 pm

Biffidus wrote:
Tornado wrote:I woudn't go screaming around a blind corner flat out hoping the path ahead was clear.

From what I've seen, and the posts I've read on this forum, there's many that don't share your sense of self preservation.

Self preservation may not be popular, but I'm sticking with it. :D
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Re: Cyclist suing Church over crash

Postby HappyHumber » Sat Apr 06, 2013 11:50 am

Biffidus wrote:From what I've seen, and the posts I've read on this forum, there's many that don't share your sense of self preservation.
Maybe he shoulda yelled "Strava!" as he approached the bend :roll:
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Re: Cyclist suing Church over crash

Postby Biffidus » Wed Apr 10, 2013 8:22 am

Biffidus wrote:From what I've seen, and the stories I've read on this forum, there's many that don't share your sense of self preservation.

(I'm not having a go at anyone on the forum btw)
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