Motorcyclist Whose Leg Was Shattered in Collision Was ""Author of his own Misfortune"", Rules Judge

PUBLISHED: 10:46 24 May 2010 | UPDATED: 13:35 02 June 2010

motorcyclist loses compensation claim at High Court

motorcyclist loses compensation claim at High Court

AN Ely businessman whose leg was shattered when his high-powered motorbike collided with a tractor and trailer will go without a penny in compensation after a top judge ruled he was the author of his own misfortune . Nicholas Goad, 41, of Littleport, nea

AN Ely businessman whose leg was shattered when his high-powered motorbike collided with a tractor and trailer will go without a penny in compensation after a top judge ruled he was "the author of his own misfortune".

Nicholas Goad, 41, of Littleport, near Ely, suffered a devastating fracture to his right leg when his 1,000cc motorbike impacted with the tractor in Ely Road, LIttle Downham, on June 15 2006.

Although he has in many ways made a "remarkable" recovery in the four years since the accident - Mr Goad has been left a legacy of chronic pain and must face the threat that osteomyelitis - an insidious infection of the bone - could be affecting the stricken limb.

At London's High Court, Mr Goad, who runs a car dealership, sought six-figure damages from the tractor's driver, Peter Butcher, and farming partnership, WI Butcher and Sons.

However, Judge Richard Seymour QC dealt Mr Goad a hammer blow last week when he ruled he was riding too fast before the collision and had only himself to blame.

The judge said: "In the end, as it seems to me, the sole cause of the injuries which Mr Goad sustained in the accident on June 15 2006 was his driving his motorcycle at a speed so fast that it was unable to stop and avoid the collisions with the tractor and trailer.

"That speed was substantially in excess of the permitted speed for the road along which he was riding."

Mr Goad's lawyers had argued that, even if he was exceeding the speed limit, that did not necessarily mean he was negligent.

But Judge Seymour said: "Whether negligent or not, I am satisfied that the cause of the accident was the excessive speed at which Mr Goad was riding.

"The cause was not any negligence on the part of Mr Butcher. To coin a phrase, the claimant was the author of his own misfortune".

Mr Goad was not in court to hear the the judge conclude: "This action fails and is dismissed.

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