FRANKLIN V BLICK
Franklin v Blick is a decision out of the Supreme Court of the ACT.
Here, the court awarded the Plaintiff cyclist $1.6 million in damages after another cyclist caused him to fall from his bicycle and be run over by a passing motor vehicle. The two cyclists were travelling home from work together in a dedicated bicycle lane on Capital Circle in Canberra. The defendant cyclist was cycling in front of the plaintiff cyclist and failed to see a piece of wood lying on the ground. He struck the piece of wood and then veered into the plaintiff cyclist. As a consequence, the plaintiff cyclist fell from his bicycle onto the road and was subsequently struck by a passing motor vehicle.
The Plaintiff cyclist suffered a multiplicity of significant injuries including a fractured pelvis, fractured right transverse process, internal bleeding, grazes and bruising. The Plaintiff cyclist worked in IT on a contract basis but unfortunately was unable to return to his pre-injury capacity and has to significantly reduce his working hours. He was also unable to return to competition as a triathlete.
The Court found that the Defendant cyclist was liable on the basis that he breached the duty of care he owed to the Plaintiff. The Court found that the defendant cyclist should’ve been keeping a proper lookout and ought to have seen the piece of wood lying on the ground. Ultimately, it was accepted that the Plaintiff’s injuries flowed directly from the Defendant cyclists negligence.