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Court awards $836,000 to crash victim

American lawyer Mr. Mark Coller was awarded $836,070. But he had claimed up to $10 million and has not ruled out an appeal.

Bermuda's biggest-ever compensation award.

American lawyer Mr. Mark Coller was awarded $836,070. But he had claimed up to $10 million and has not ruled out an appeal.

A Supreme Court judge ruled the attorney suffered a "terrible and devastating injury'' when riding a rental bike.

But he rejected a major part of Mr. Coller's claim and pointed out Bermuda courts did not have the power to award larger American-style amounts.

"I believe this is the highest-ever award,'' said Mr. Coller's Bermuda lawyer Ms Clare Hatcher.

She pointed out the total damages were judged to be more than $1.25 million.

Mr. Coller can only have two-thirds of that because the courts ruled earlier he was one-third responsible for the accident.

Because a lot of big cases were settled out of court, she said, it was not possible to be certain the amount was a record.

Mr. Coller was not disappointed, she said. "He's just relieved at the decision. You can never advise a client how much they're going to get.'' But she could not rule out an appeal. "There are a lot of issues of law that have to be dealt with. Those are questions that need careful consideration.'' Mr. Jeffrey Elkinson, who represented defendant Mr. Aubrey Hollis, said: "Whilst it's difficult to compensate somebody for personal injuries, in so far as money can compensate Mr. Coller I think he's been awarded a fair sum.'' Mr. Coller was on a spring break in Bermuda in 1982 when he was in an accident with Mr. Hollis, a Knapton Hill building contractor.

Mr. Hollis's car turned right across the bike's path while Mr. Coller was overtaking near Harrington Hundreds store on South Shore Road.

Mr. Coller, then an 18-year-old student and sportsman, suffered a broken neck.

During treatment on the Island he became a local celebrity, showered with gifts and offers of transport and accommodation.

Now a 30-year-old federal attorney in Washington DC, he has no real use in his legs or right hand and must use a wheelchair.

He must inject himself before he is capable of having sex, and needs special sanitary equipment.

During the trial, the two sides fought over almost all the issues raised. The main battle was over Mr. Coller's $4.65 million claim for loss of past and future earnings.

He told the court his failure to get a job with a private law firm was due to discrimination against his disability.

Without his injury, he said, he would have become a partner in a large practice, earning much more than his $62,000 US government salary.

Mr. Hollis's lawyers argued Mr. Coller did not have an academic record good enough to make him competitive in the private jobs market.

Puisne Judge the Hon. Mr. Justice Ground concluded Mr Coller had not proved that he failed to get a private position because of his injury.

The judge paid tribute to Mr. Coller's "courage and efforts in pursuing an active career in the world''.

He added: "As to general damages, I have been constrained by the approach adopted in such cases by English and Commonwealth courts.

"It is likely my award will fall far short of the plaintiff's expectations, accustomed as he is to another way of doing things.

"I regret that, and appreciate that it is no comfort to him that there are sound reasons of policy in favour of the English and Commonwealth approach.'' Mr. Hollis was insured by BF&M General Insurance.

Mr. Mark Coller.