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This item was recently submitted by a reader.
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Cheers! Compo Celebrations

2006 Reader Submission
Pending Acceptance

http://www.heraldsun.news.com.au/common/story_page/0,5478,17837857%255E1702,00.html

Drunk compo claimant dies in crash By Tim Clarke 16jan06

A MAN who received a six-figure compensation award after being run over as he lay drunk in the middle of the road has died in another accident in which police believe he was drunk again.

Iain Alexander, 34, from Albany in Western Australia, was killed about 5.15am yesterday, when the Toyota Hilux he was driving mounted the kerb on a roundabout on Middelton Road and slammed into an embankment on the other side. WA police, who are investigating the fatality, say they believe speed and alcohol were contributing factors, and Mr Alexander was not wearing a seatbelt at the time of the crash.

The 27-year-old passenger in the utility received a suspected broken arm and has been admitted to the Albany Regional Hospital, WA police said.

In a controversial decision last month, the High Court ruled that a tow-truck driver who ran over him in October 2000, was negligent, despite Mr Alexander's admission he had consumed half a carton of beer on the night of the accident.

The court was told Wayne Edward Manley was momentarily distracted by another drunk lurching beside the road and failed to notice Mr Alexander lying on the road.

That brief distraction was sufficient for the High Court to find by a majority of three to two that Mr Manley was negligent.

Mr Alexander, then 29, and his housemate, Cameron Turner, were heading home after a night of heavy drinking when the accident happened, but said he remembered nothing of the accident or how he came to be on the road.

Mr Manley, then 24, said he was driving home from a call-out and saw a man, Mr Turner, on the roadside.

Fearing he might walk on to the road, Mr Manley watched for the few seconds it took to veer the truck to the road centre.

As he looked back to the road he saw something on the roadway then felt the truck run over it. That turned out to be Mr Alexander lying parallel to the centre line and wearing dark clothing. Mr Alexander suffered serious injuries.

A WA District Court judge originally held Mr Manley was not negligent as there was no evidence he was not keeping a proper lookout.

But Mr Alexander successfully appealed to the Full Court of the WA Supreme Court which made the negligent ruling.

It ordered damages be assessed for Mr Alexander but reduced the sum by 70 per cent for contributory negligence. Mr Manley then appealed to the High Court, which dismissed his appeal.

Submitted on 01/31/2006

Submitted by: Anonymous
Reference: news.com.au 16 Jan 06

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