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Bullitt
2nd November 2007, 19:50
A BIKER is suing the estate of his dead pal claiming to be stressed after witnessing the crash that killed him.

Ken Smith, 37, wants £150,000 over the smash which killed fellow rider Lawrence Brown, 42, three years ago.

He says he is suffering from post-traumatic stress disorder.

Smith's lawyers have served a writ on Lawrence's estate.

Smith, of Barras, near Stonehaven, Kincardineshire, was arrested after the crash but not charged with any offence.

Lawrence's grieving partner - and mother of his two young children - is already suing Smith for £300,000, claiming it was his lack of care that led to the death.

Georgina Howells, 29, of Slough, Berkshire, was just weeks away from marrying Lawrence when he died.

She said: "I'm disgusted Ken Smith is taking legal action against a man who cannot speak for himself.

"We've been suing him over Lawrence's death.

"He was directly behind Lawrence when the accident occurred and he was arrested by police."

The horror smash happened around 9am on August 1, 2004, when eight bikers were out for a run on a quiet country road near Ashurst, Sussex.

Lawrence's Ducati bike hit a tree as he tried to avoid a horse transporter travelling in the opposite direction, closely followed by Smith on his Yamaha.

A third biker was also injured.

Lawrence's family are also suing the driver of the horse transporter.

Smith's writ claims Lawrence went round a left-hand bend too quickly and, as a result, both were forced into emergency stops.

But while Smith suffered only a dislocated thumb when he came off his bike, Lawrence died from his injuries.

Smith's action, raised at St Albans County Court, claims Lawrence rode too fast and failed to apply brakes or pay attention.

Smith claims that had Lawrence "controlled his bike around the bend and remained in his carriageway", he would have been safe.

He says he is receiving treatment called Eye Movement Desensitisation Reprocessing Therapy to erase the trauma of the accident from his memory.

At home in his remote country cottage, Smith refused to discuss his claim.

Lawrence, who had two grown-up daughters - Leeanne, 21, and Samantha, 20 - from a previous marriage, also had two children with Georgina, Rebecca, six, and son Jordan, five.

Georgina's lawyer Keith Barrett, of law firm Irwin Mitchell, said Smith's legal action was regrettable.

He said: "This is an extremely distressing situation for Lawrence's family, particularly as we have been pursuing Mr Smith for some time.

"Our action is over exactly how Lawrence sustained the injuries which killed him and who was responsible."

'I'm disgusted by this.. Lawrence can't speak for himself'

http://www.sundaymail.co.uk/lifestyle/real-life-stories/2007/10/28/biker-sues-dead-pal-after-smash-78057-20021122/

tri boy
2nd November 2007, 20:03
So glad we have ACC.
A process of litigation in these situations is tragic, and quite disgusting.:oi-grr:

Edbear
3rd November 2007, 07:18
So it's not "only in America"...

deanohit
3rd November 2007, 07:21
Man, that is just so wrong. Bloody a greiving family doesn't need that.

Spuds1234
3rd November 2007, 07:28
Man, that is just so wrong. Bloody a greiving family doesn't need that.

Yea and I bet the guy that saw his best friend die doesnt need his best friends family suing him because he "didnt show enough care"


Lawrence's grieving partner - and mother of his two young children - is already suing Smith for £300,000, claiming it was his lack of care that led to the death

Harry33
3rd November 2007, 07:28
Man, that is just so wrong. Bloody a greiving family doesn't need that.

Aren't they both sueing each other? I'm Confused.

Bullitt
3rd November 2007, 09:42
Aren't they both sueing each other? I'm Confused.
Yeah theres at least two law suits in there. Im not sure how someone following an accident could cause it. Seems the dead bikers family started suing the other guy first. Only people to win will be the lawyers.

breakaway
3rd November 2007, 12:45
I think we all should sue them for having to read this shitty story.

It really gets to me how some people sue people over less than nothing.

Toaster
3rd November 2007, 12:50
So a "pal" sues the estate of his dead "pal"??!!

Boy does that jerk get the prick of the year award.

motorbyclist
27th November 2007, 00:51
as i read it, a father goes out and gets himself killed on his bike by crossing the centerline into oncoming traffic

the family sues his mate for $300k for following and not getting as badly hurt

the family sues the innocent oncoming driver for an unspecified amount

the mate sues back for $150k for "emotional damage" he received at a road crash while voluntarily riding/attending

either these are very, very sad people, or we don't know the full story

skidMark
27th November 2007, 00:55
what





the





FUCK