bike rider with permanent brain damage blamed the victim for the accident in court yesterday.

Former exempted company employee Ann Rooney, 36, is suing Dennis DeFrias for damages which could hit six figures.

In Supreme Court yesterday, Mr. DeFrias's lawyer John Cooper said Ms Rooney was "driving erratically'' when she came off her bike on Trimingham Road on April 19, 1995, and hit Mr. DeFrias's car.

He said Ms Rooney had the time and distance to avoid the accident.

Mr. Cooper admitted it was up to his client to explain what he was doing in the wrong lane but added that he had done this.

Mr. DeFrias said on Tuesday that he was attempting to overtake two tourists on auxiliary bikes when Rooney, who was coming the other way, panicked.

He said: "I looked to see if there was any oncoming traffic but the roadway was completely clear.

"I straddled the middle line and I was side by side with the trailing tourist. I noticed an oncoming cyclist at the southern end of Trimingham Hill.

"I was going to continue my overtaking. I thought I was safe to do so as I would have completed the overtaking before the oncoming cyclist reached that position without causing her to slow down or swerve.

"As I was coming alongside the leading tourist I noticed that the oncoming cyclist was wobbling and I began to swerve.'' He said Ms Rooney's bike was 250 to 300 feet away at this point.

"It swerved to the west and then swerved to the east and then crossed the centre yellow line.'' Mr. DeFrias said he then slowed down and cut in between the two tourist bikes.

"I didn't feel it was now safe to complete the overtaking.'' But later in his testimony he said he thought he was safe to pass the other rider.

Ms Rooney's lawyer Kieron Unwin said: "But she wasn't far enough away was she?'' Mr. DeFrias replied: "Of course she was.'' Mr. Unwin asked: "Didn't you agree that the presence of part of your vehicle in her side of the road caused her to panic?'' "I would agree with that,'' said the defendant.

Mr. Unwin asked: "You are saying that was wholly unjustified and unnecessary?'' The 28-year-old defendant, of Mission Crescent, Paget, replied that it was.

He said: "I thought she may have ended up in the southbound lane. She then came closer to me and the bike started to swerve. She fell with the wheel heading to the left.'' Mr. DeFrias, an attorney with Mello, Jones and Martin, said when Ms Rooney came off the bike she was several feet in front of his car while the bike came right across him to the curb on the other side.

He said Ms Rooney had not slowed down from a speed of about 35 kilometres-per-hour (kmph) while he had slowed to ten to 15 kmph.

Mr. DeFrias continued: "I then felt something hit the front right wing of my car.

"I stopped my car to get out and provide assistance. My car was mostly in the southbound lane. The cyclist was just behind my car to the right.'' Ms Rooney, now of New York, was the vice president of fibre optic company Nynex's Bermuda branch but since the accident she has struggled to hold down a job after suffering depression and concentration problems.

She is also unable to bend one of her knees properly.

Her lawyer said Mr. DeFrias had changed his testimony from an earlier Magistrates' Court case in 1996 where he was cleared of a careless driving charge.

He said Mr. DeFrias was now claiming Ms Rooney had swerved in front of him on his side of the road.

Mr. DeFrias denied changing his story. And he said: "I am certain I said she crossed the centre line.'' Mr. Unwin noted that an earlier witness, driver Ivan Trott, had said that Ms Rooney had been only two feet away from the curb on the correct side of the road.

Mr. DeFrias contradicted this testimony and said the oncoming rider was in the middle of her lane.

Mr. Unwin asked: "So your complaint is that she wasn't near enough to her left?. The defendant replied: "Yes.'' "You say she failed to keep a proper look out. Why?'' asked Mr. Unwin.

"Because if she had, she would have realised that I would have finished overtaking before she came upon me.'' Mr. Unwin asked: "Doesn't your defence mean that it's necessary for her to change direction in order to avoid a collision with you?.'' This was denied by Mr. DeFrias.

Mr. DeFrias said Ms Rooney panicked and instead of staying two feet away from the curb, she moved right across into the centre line.

He said his car had straddled the centre line but had gone no further into the opposite lane while Mr. Unwin suggested the defendant had gone further as he tried to give the tourists he was overtaking a wide berth.

The case continues today.

Accident victim Ann Rooney