The court heard Ms MacDonald's van had a side mirror on an extended metal bar which struck the teenager on the left shoulder as she passed him.
In a written judgment Justice Duncan McMeekin said the question was whether the teenager was also negligent for his own safety.
"The defendant's argument is that, acting reasonably, [the teenager] was obliged to get off the road surface entirely," he said.
However, Justice McMeekin found the teenager had acted reasonably.
"The defendant's argument really amounted to this proposition - upon the approach of a vehicle all pedestrians ought to remove themselves from the bitumen surface of the roadway until the vehicle has passed."
"That is not how citizens conduct themselves in daily life.
"If the proposition is right then other vulnerable road users, such as cyclists, have no business being upon the road surface.
"I observe that [the teenager] had every right to walk on the road surface if he wished."
the rest is here - http://www.brisbanetimes.com.au/queensl ... 1t3mf.html
It's good to see the courts affirm that drivers sit on the same level as every other road user.