Brown v Holzberger [2017] QSC 054 ; [2017] 16 QLR (16/5) McMeekin J 12 April 2017

Brown v Holzberger [2017] QSC 054 ; [2017] 16 QLR (16/5) McMeekin J 12 April 2017

In a June 2013 collision in downtown Bundaberg, a driver turning across oncoming traffic claims, never to have seen the oncoming vehicle. The other driver, claims the turning vehicle drove across their path without warning, making a collision unavoidable.

Both versions can’t be right.

Ashley Brown claimed the Hyundai 4WD turned in front of his motorcycle when he was “only a car length or two away”. This was at odds with the recall of Robert Holzberger who was travelling from the opposite direction and did not see the Kawasaki Ninja 650cc motorcycle before he commenced his turn into Reddan St.

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