Father's Future Care Hinges On Legal Case
Illawarra Mercury
Tuesday June 1, 1999
The level of ongoing care for a Balgownie man who was brain injured in a 1998 motorcycle accident was riding on the outcome of legal action, a court heard yesterday.
Barrister Tony Bartley, SC, told Wollongong District Court that Darin Jenkins, 32, would receive more specialised care in a nursing home placement than he did in hospital.
``His care would be substantially improved if he were able to be relocated in an institution with more specialised care available," Mr Bartley said.
``Because of the dispute between the insurers it has been difficult, to date, in having any funding available.
``Should it be that the plaintiff (Mr Jenkins) gets a verdict on liability then damages need to be sorted out as soon as possible."
The wife of Mr Jenkins, a father of two, launched civil court action in order to win compensation to help pay for her husband's exhaustive medical bills.
Mr Bartley said yesterday that Mr Jenkins remained comatose in hospital and had ``suffered very grave head injuries" in the March 10 accident.
Mrs Jenkins has instigated legal action against the driver of the other vehicle, David Murray Reynolds, of Keiraville, and his insurer CIC Insurance.
The court heard that Mr Jenkins was riding a motorcycle when he was struck by Mr Reynolds' car at an intersection near Wollongong Hospital.
Mr Jenkins, who was wearing a full-face helmet, was flung into the air and landed on the road on his head and shoulders.
The accident happened as Mr Jenkins was riding through a green light, west along Crown St, and Mr Reynolds was turning right into Osborne St at 4.25pm.
Earlier this year, a Wollongong Local Court magistrate dismissed a charge that Mr Reynolds had not made a right-hand turn safely.
Mrs Jenkins also has launched civil action against the driver of a delivery van which was parked near the intersection.
The case continues today before Judge Joe Phelan.
© 1999 Illawarra Mercury
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