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Irish racing cyclist takes French club and Irish Cycling Federation to Court
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23-01-2010 7:46pm#1
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It's where most of the Irish lads go. A reference is usually given by the guy who leaves re: who could replace him. Dan Martin, Nicholas Roche etc. were there and Sam Bennet should be going there once he's "fixed".
By that I mean once he's healed form his crash
p.s. on the case itself, I hope it's thrown out of court.
You want to play the game, you have to accept the risk.0 -
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It's where most of the Irish lads go. A reference is usually given by the guy who leaves re: who could replace him. Dan Martin, Nicholas Roche etc. were there and Sam Bennet should be going there once he's "fixed".
By that I mean once he's healed form his crash
p.s. on the case itself, I hope it's thrown out of court.
You want to play the game, you have to accept the risk.
I can see what you mean, and on the other side the chap has appeared to suffer injury; but putting my Matlock cigar in my mouth - I'd say this case is sub judice, and obviously some think it has merit given it is now in court.
Probably best not to give comment on the actual validity of the case here, and act as judge and jury if not all information known.
Commenting here on your own personal opinions on the case's merit may only result in boards getting into trouble, or you getting into trouble, etc. or indeed ultimately affect the case itself!
There are experts and others in the court at the moment who will undoubtesly look at the facts of the case and come to decisions in good time.
No doubt; with reference to the Irish Times article, and my knowledge of road racing, and common sense; I suppose those in court would be looking at:
1. Rules of road etc., regulations and nuances of road racing and related team support vehicles etc. (consideration of same may include the perhaps traditional 'establisted' unwritten 'etiquette' of racing and providing team support and the relevance of same)
2. the actual circumstances and events as they happened;
3. if due care and attention was paid by all at all times;
4. any negligence by parties involved; if any;
5. I gather from reading the article; as part of the consideration of regulations and nuances of road racing and related support; it may include the relevance of items such as disclaimers etc. signed by participants etc; the absolute relevance of same; the legal merits of it and any exceptions to it;
6. I also gather from reading the article, what appears to be a pertinent question may come up at some stage as to if the ''french'' team car unduly pulled out of the service car line (again a matter for the court to deem relevant and establish).
The issue of damages I gather may not arise, until there is a judgement; and only if such judgement would deem such damages apt.
It certainly is an interesting case alright.
I wonder is there any existing case law in place with similarities.
Other road racing incidents I recall over the years never seem to have gotten this far for whatever reasons.
I see the defendants are - "the French cycling club Velo Club de Pomme; Frederic Rostaing, a cycling team service driver of Velo Club, La Pomme, Marseilles, France; the Motor Insurers Bureau of Ireland; and the Irish Cycling Federation."
Looking at the Motor Insurers Bureau of Ireland (MIBI) website, it says - "The MIBI was set up in 1955 by an Agreement between the Government and the Companies underwriting motor insurance in Ireland for the purpose of compensating victims of road traffic accidents caused by uninsured and unidentified vehicles."
Interestingly, looking at their website in more detail - there is a banner ''compensating innocent victims of uninsured driving".
Is it safe to assume from this that the French club and driver were deemed ''uninsured'' before this case came to court? Also, has someone along the way deemed the palintiff to be an "innocent" victim?
My raising of the thread was to make all aware it is taking place, and perhaps links could be provided here for news articles etc.
Anyone know was it in court yesterday? any reportage? Can joe public go in and see the goings on?0 -
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