Rhonda Payne v Lee Ronald Witt

Introduction

1. The plaintiff claims damages for injuries she received on 13 December 2011 during her work as a postal delivery officer in Yass, New South Wales. She was riding her work motorcycle along the nature strip of Lead Street, Yass, having delivered mail to premises at 34 Lead Street. As she approached the next house, she crossed the driveway of that property, and whilst doing so, was struck by a vehicle driven by the defendant, who was driving out of the driveway towards Lead Street.
2. The defendant admitted breach of his duty of care to the plaintiff. However, adjacent to the driveway, and between the defendant's property and the neighbouring property, was a hedge which obstructed the defendant's view of vehicles coming in the direction that the plaintiff's motorcycle was travelling, namely, from the defendant's right-hand side. The defendant has alleged contributory negligence on the part of the plaintiff and relies on the following particulars of negligence: 1. "Failing to keep a proper lookout. 2. Failing to exercise any proper care when travelling along the nature strip and crossing the driveway. 3. Failing to observe the defendant's vehicle. 4. Travelling at a speed excessive in the circumstances. 5. Failing to take any reasonable, or any care when travelling past a blind driveway, particularly given the plaintiff's experience as a mail woman at the accident location. 6. Failing to exercise reasonable care for her own safety. 7. Failing to take evasive action and driving into the defendant's vehicle. 8. Failing to take action to avoid the defendant's vehicle. 9. Failing to warn of her approach whether by sounding her horn or otherwise. 10. Being inattentive."