Fed: High Court finds driver negligent in running over drunk

AAP General News (Australia)
12-14-2005
Fed: High Court finds driver negligent in running over drunk

The High Court in Canberra's found a West Australian driver was negligent .. when he
ran over a drunk lying in the road five years ago.

The accident happened in the early hours of October the 7th .. 2000 .. on Middleton
Beach Road in Albany.

WAYNE EDWARD MANLEY .. a tow-truck driver who was 24 at the time .. says he was distracted
by another drunk man by the road .. and ran over 29-year-old IAIN STEWART ALEXANDER ..

seriously injuring him.

A district trial judge initially held MANLEY was not negligent .. but after an appeal
by Mr ALEXANDER .. the Full Court of the WA Supreme Court held both had been negligent
.. awarding damages to Mr ALEXANDER but reduced by 70 per cent for contributory negligence.

Mr MANLEY's appeal to the High Court agasinst this decision was dismissed today.







Mr ALEXANDER will now receive unspecified damages .. but with the substantial reduction
for his own contributory negligence.

AAP RTV mb/mfh/tm/rt

KEYWORD: MANLEY (CANBERRA)

2005 AAP Information Services Pty Limited (AAP) or its Licensors.