ALGERI V PENNINGTON [2016] WA DISTRICT COURT – JUDGMENT
DELIVERED 6 APRIL 2016
This matter was heard by His Honour District Court Judge
Gething. It involves unusual circumstances, in that two motorcycles
collided and both riders were seriously injured.
On Sunday 18 August 2013 the plaintiff and the defendant were
both riding licensed motorcycles when they collided and both
suffered significant injuries. Each motorcyclist alleged the
accident occurred as a result of the negligence of the other so the
action was listed for trial on the issue of liability and a
counterclaim by the defendant.
The collision took place on Jarrahdale Road approximately 50
metres west of a turnoff to the north into the Jarrahdale Sports
Shooters Club. The plaintiff was travelling west along Jarrahdale
Road and said that immediately prior to the collision the defendant
was almost stationary and riding on the very edge of the bitumen on
the left-hand side of the road. The plaintiff also
