Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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August 10, 2016 By Louise Mathias

Man Bucked Off HIs Horse When Horse “Spooked” By A Car – MVA Or Blameless MVA?

Man Bucked Off HIs Horse When Horse “Spooked” By A Car – MVA Or Blameless MVA?

 A man aged 65 years of age (the plaintiff), was  riding his horse "Buck" near his property at Cartwrights Hill, a northern suburb of  Wagga Wagga, NSW,  about 9.30 on a Saturday morning in September 2011.  The plaintiff said he was riding "Buck" about 12-18 inches off the bitumen. A 1993 Daihatsu Feroza was being driven by an 18 year old female (2nd defendant) and owned by her mother (1st defendant), on the correct side of the carriageway. There are no median lines marked and no lines marked on the street where the car was being driven. The plaintiff reiterated in evidence in chief, that the car was 'in his face' (in sight at about 20 metres away) and then he referred to both the speed and 'all of a sudden there was a noise and it (the car) was there'.  He perceived, at that time, that the horse froze as the car passed. He said 'Buck' 'just stopped (ceased moving) and he went very tight" Then he said:"The horse 'just looked in fright and very tight and then he exploded.' The … [Read more...]

Filed Under: Blog, Mediation, Personal Injury + Medical Negligence Tagged With: p

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