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NO BULL - BMF WELCOMES LANDMARK VICTORY A landmark case, in which a motorcyclist will receive damages following a collision with a bull calf, has been hailed as an historic victory by the British Motorcyclists Federation. Solicitor Ed Fletcher from the BMF’s Legal Line dealt with the case, which he says will have far-reaching consequences for road users and farmers across the country. It concerned motorcyclist Peter Donaldson from Middlesbrough who had ridden into a bull calf roaming across the road after a rambler had failed to shut a gate. Last October, the farmer, Alec Wilson, had been found guilty of carelessness and was ordered to pay damages, but the National Farmers Union took the case to the Court of Appeal At the hearing last Friday, Lord Justice Potter upheld the earlier Middlesbrough County Court decision and said that it was established law that farmers whose land was crossed by public footpaths had to take ''all reasonable precautions'' to ensure their animals did not stray onto public roads. Speaking after the hearing, Ed Fletcher of Fletchers solicitors, Southport, said that Peter, a 40 year old oil rig worker from Middlesbrough, could now be due a six-figure payout, adding: “Had the farmer applied his mind to the potential danger of allowing the gate to remain open, this terrible accident could have been prevented at a minimal cost.” In the accident, late at night on the B1257 Helmesley to Stokesley road in October 2000, Peter riding his Yamaha R1, suffered a shattered forearm and head injuries when he collided with the calf. The Court of Appeal in dismissing the Farmer’s appeal, stated that it was not an overbearing duty for a farmer, with cattle in a field next to a road with a right of way passing through his land, to pay for extra precautions, such as a self closing mechanism or a kissing type gate to be installed. Said BMF spokesman Jeff Stone: “This is excellent news for motorcycling and will help restore some faith in the legal system which is often assumed to discriminate against motorcyclists.”
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