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Cyclist Hits Improperly Parked Car and Is Awarded Settlement
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Cyclist Hits Improperly Parked Car and Is Awarded Settlement

Ms. DiMarco was participating in an 80 kilometre training ride with a group of approximately 30 other cyclists. When the cyclists were riding through Beeton they discovered that the town was having its Beeton Honey and Garden Festival. Main Street Road was closed to all car and bike traffic and was filled with booths and pedestrians.

As a result, Ms. DiMarco and her group were unable to ride on the Road. Their ride guide led them to the sidewalk and told them to follow him in a single file. While travelling on the sidewalk, the cyclists were blocked by a parked car. Ms. DiMarco had to steer her bicycle around the car parked in her way. While manoeuvring Ms. DiMarco lost her balance, touched the car with her right hand, and fell on the ground. She fell down with her bicycle, on her right side, next to the automobile. She fractured her hip and was unable to get up without the help of the paramedics.

The Arbitrator found that the parked car significantly encroached on the sidewalk at the time of the incident. The car's location and position created an obvious obstacle for Ms. DiMarco. There was nothing else immediately surrounding the car or Ms. DiMarco at the time of her fall. Therefore, the Arbitrator accepted the automobile was the dominant reason for her fall.

In this case the Arbitrator found that the vehicle created a situation of risk by encroaching half way over the sidewalk. The decision to park the vehicle in a situation of risk triggered a sequence of events that placed Ms. DiMarco in harm's way, which directly resulted in her injuries. On that basis her injuries were directly caused by the use or operation of a motor vehicle within the meaning of the Schedule.
 
You can read the whole brief here.

 

Posted on Thursday, Apr 05, 2012 - 01:14:00 PM EST
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