Crash rider's dad sues for shock By NICK HENDERSON 03may05 A MAN who watched and heard his motorcyclist son fatally hit a concrete wall at high speed has suffered "nervous shock" and a resulting psychiatric illness, court documents claim. Peter Magee is seeking damages from Motorcycle Australia Limited after his son, Liam, 19, died during a qualifying round of the Australian Superbike Championship at the Mallala race track, north of Adelaide, in 2002. Mr Magee, 53, of Ballarat in Victoria, is also suing Mallala Motor Sport Park Pty Ltd, Clem Smith Nominees Pty Ltd, Phoenix Motorcycle Club of SA Inc, and Hall Technical Services Pty Ltd. In a statement of claim filed with the District Court, he says Mallala Motor Sport decided to construct the concrete wall in 1998. "(A) tyre wall . . . was removed and replaced by the concrete wall so as to provide more space for the grandstand from which spectators could view the racing," it says. "On the day of Liam's death the concrete wall had no airfence (or) other form of padding. Had there been any . . . he would probably would have survived." Mr Magee claims all five defendants breached the their duty of care. In an inquest last year, State Coroner Wayne Chivell said the death could have been prevented. He said Liam hit the barrier at about 100km/h. Mr Magee claims the incident led to psychiatric illness and financial and non-economic losses. "The circumstances of Liam's fall, slide, collision with the concrete wall and consequent death were heard and seen by (Mr Magee)," his statement of claim says. Defence documents have not yet been filed. [URL]http://www.theadvertiser.news.com.au/common/story_page/0,5936,15160520%255E2682,00.html[/URL]
