Accident victim bids for $100,000
March, ended his two-day fight for more than $100,000 in compensation in Supreme Court yesterday.
Puisne Judge the Hon. Mr. Justice Ward reserved judgment for a later date. The accident occurred near the bottom of Shark Hole Hill on Harrington Sound Road in Hamilton Parish, near a Bermuda Telephone Company job site.
Mr. Peter Clark was riding his motorcycle around the blind corner when he collided with an Island Construction tractor trailer, which he said was on his side of the road.
Mr. Clark, suing Island Construction, tractor driver Mr. Stephen Henry Johnson and Telco, is seeking compensation for loss of employment during the period he was in hospital and the time it took him to recover.
He also said he had to change professions because he could no longer stand for long periods.
Lawyer Mr. Kieron Unwin told the court his client was seeking at least $60,000 in damages for injuries, $43,000 for medical expenses, $17,000 for loss of earnings and an award for loss of earning capacity.
Mr. Unwin submitted Telco employees were concerned only with their own safety.
He said warning signs were not clearly displayed, and the workmen should have been directing traffic with stop and go signs instead of leaving motorists to fend for themselves and decide when it was safe to proceed.
He further said the tractor driver took a risk when he went into the opposite lane to get by the Telco job site, marked by orange cones.
The Court heard an area extending six feet into the road was marked by orange cones.
But Telco lawyer Miss Claire Hatcher argued the accident was "wholly'' Clark's fault. He had not been cautious enough and was too far over on his side of the road.
She said the warning signs were clearly visible on both sides of the road and it was not necessary to have a worker directing traffic.
Island Construction lawyer Mr. John Barritt also submitted the accident was caused by Clark, either by the way he was driving or because he panicked and skidded when he saw the tractor.
He disagreed the tractor was in Clark's lane. He added that Mr. Johnson had honked his horn.
