A promising rugby league player was knocked off his bike by a learner driver on the same day the Canberra Raiders offered him a contract he was unable to take up as a result of his injuries.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
While Ron Leapai's dream of playing in the NRL is over, he has been awarded just shy of $222,000 in damages over the September 2015 incident outside his home in Isabella Plains.
Magistrate James Stewart ordered the payout earlier this month after Mr Leapai sued driver Tian Flegg, driving instructor Yasir Khan, and Insurance Australia Limited.
Mr Stewart's decision, published last week, reveals Mr Flegg was behind the wheel for the first time when he collided with Mr Leapai, who lived on the same street.
Mr Leapai, then aged 17, was racing bicycles with his brother on their driveway when the incident occurred.
He suffered an ankle injury in the crash and was left "in agony" before undergoing two lots of surgery that ruled him out of rugby league for about seven months.
Mr Leapai had also been considering a contract offer from the Melbourne Storm at the time of the incident, and described the day of the crash as "one of the worst days of my life".
While he returned to the field and eventually accepted a lower value contract to join the Raiders' under-20s side, part of his case was that his injuries had ultimately cost him the chance to push for a place in the NRL.
At a hearing during the case, Mr Leapai gave evidence that he had needed his right ankle heavily strapped for all matches and training sessions since the incident, which he said had also prevented him taking up a more recent contract with a Gold Coast Titans feeder club.
The ACT Magistrates Court heard his injuries had also impacted on his work in the construction industry and would continue to do so into the future.
Mr Leapai said he had stopped his bicycle at the end of the driveway "a split second" before the car hit him.
He maintained throughout cross-examination that his bike never crossed onto the bitumen section of the road, and claimed Mr Khan immediately blamed him for the incident while Mr Flegg said only: "I'm sorry."
The defendants, however, argued that Mr Leapai had ridden onto the road and that they were not at fault.
It was therefore left to Mr Stewart to determine a number of issues, including exactly where the collision happened and whether any damages should be awarded.
The magistrate accepted the eyewitness testimony of neighbour Krystal Reardon, who told the court the bike did not leave the driveway and that the car never went into the driveway either.
Ms Reardon described the impact as having happened "in the air above the gutter".
Mr Stewart found the collision was the result of Mr Flegg driving in the gutter and panicking when he saw Mr Leapai, despite there having been enough time for him to avoid the crash even with his level of experience.
Mr Khan had also failed to prevent the impact by using dual controls to apply the brakes or by reaching across to grab the steering wheel.
"He should have done either or both to avoid the collision," Mr Stewart said.
"The risk of children playing, pedestrians walking and bicycle riders riding in that area and that time of day should have been obvious to him - as should have been the high level of risk of allowing his car to be driven so far to the left of the centre line of the road and on and in the gutter."
Mr Stewart assessed damages at $246,615.92, but found Mr Leapai was only entitled to 90 per cent because he had contributed slightly to his own misfortune by allowing part of his bike to protrude past the driveway.
Mr Leapai was therefore awarded $221,954.33.