29/11/2024
Shane Byrne WINS audacious high court claim against MSV.
[BBC News] Shane Byrne collided with a barrier after coming off his Ducati Panigale bike at Snetterton race track in Norfolk in 2018, leaving him with several fractures and internal injuries.
The 47-year-old sued Motorsport Vision Racing, Motorsport Vision which owns the track and the Motorcycle Circuit Racing Control Board for damages, claiming the barrier was insufficient.
In a judgement on Friday, Judge Peter Blair KC said the bodies were liable for Byrne's injuries which were "materially caused" by the collision with the barrier.
The High Court was told Byrne, also known as Shakey, was the most successful rider in British Superbike Championship history with 85 wins, but has not competed since.
The incident took place on a test day on 17 May that year, while Byrne was on his second lap.
The hearing was told how he jumped from the bike which came off the track going at 60mph (97km/h)
Both Byrne and his vehicle hit the type D safety barrier, which consisted of tyres bolted together.
Barrister Kiril Waite said a type A barrier, one which is air-filled and acts a shock absorber, should have been in place at the corner.
The defendants claimed he was at fault and that the type of barrier was sufficient, and their barrister Malcolm Duthie said Byrne's riding was the "substantial and real cause".
Shane Byrne on a motorcycle on a track. The motorbike is red, with the crest of a bird's face on the side - either an owl or an eagle.
The High Court was told Byrne was the most successful rider in British Superbike Championship history with 85 wins
However, Judge Blair said it was "negligent" not to have type A barriers in place.
Byrne was not the "author of his own misfortune" and was not "contributorily negligent", the judge added.
He continued: "On a balance of probabilities, I have concluded that [Byrne] did not sustain any serious injuries as a result of jumping clear of his motorcycle and tumbling towards the barrier.
"The impact with the barrier, however, materially caused the infliction of his injuries."
The amount of damages to be paid to Byrne will be determined at a later date.
What are your thoughts?
![Shane Byrne WINS audacious high court claim against MSV.[BBC News] Shane Byrne collided with a barrier after coming off ...](https://img3.medioq.com/877/149/1100270388771493.jpg)
