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Anti American Judge Denies US Woman Injury Claim

Posted by te2ataria on July 4, 2009

July 4th Special


sent by a reader in the US [edited
by TEAA]

Brazenly Anti-American kiwi judge denies former U.S. champion boardsailor right to appeal injury claim case

Evil Chief Justice Sian Elias (and her two sidekicks John McGrath and William Wilson) sitting at New Zealand Supreme Court dismissed former US champion boardsailor Kimberly Birkenfeld the right to appeal her case for injury compensation.

Evil Trio
The Anti American Chief Justice Sian Elias (center) seen in this undated photo flanked by her “cousins”  Nathan Guy MP, and John Key PM. [Source NZNationalParty via flickr. Some rights reserved.  flickr.com/photos/nznationalparty/3637356002/]

Birkenfeld suffered severe brain and spinal injuries in 2002 when she was hit by a Yachting New Zealand-owned motorboat driven by a rival team’s captain, the [scumbag] kiwi, Bruce Kendall, in Greece. She now needs a wheelchair to go even short distances and has difficulty speaking.

birkenfeld
Kimberly Birkenfeld THEN! She had it all at 37. An MBA from Harvard, a successful consulting business, the No. 1 ranking among women windsurfers on the U.S. Sailing Team. All the reasons why others would have been determined to take it all away from her. [http://www.yachtracing.com/PressReleases/thelog-080803.htm]

The Supreme Court dismissed her latest application to have her case reheard, yesterday. She has now had her appeals rejected by  New Zealand’s anti-American court  in 2006, 2007, 2008 and 2009.

She had sought $15 million in damages, though the court had capped  “the amount of funds payable to” about US$250,000. Yachting NZ had denied liability for the incident.

Birkenfeld was ordered by the truly evil Chief Justice Sian Elias  to pay $2500 in costs to Yachting New Zealand.

Kimberly Birkenfeld Now
Kimberly Birkenfeld NOW! In New Zealand Court of Appeal, The Anti American Chief Justice Sian Elias threw out all of Kimberly Birkenfeld’s grounds for appeal and ordered her to pay the legal costs of Bruce Kendall and Yachting NZ. [Photo: PHIL REID/The Dominion Post. Image may be subject to copyright.]

“In the Court of Appeal in 2008, Birkenfeld had argued that the offer only dealt with quantum damages, not Kendall’s alleged negligence.

“She also argued that the High Court had failed to make a discovery of documents order which was a fundamental failure of due process.

“She asked for the case to be returned to the High Court for such discovery to be ordered.

“She also wanted a court order that stayed proceedings disregarded because she had no means to provide $50,000 security.” A report said.

In 2008, the Court of Appeal rejected all Birkenfeld’s grounds for appeal and again ordered her to pay the legal costs to Yachting New Zealand, which prompted her to appeal to the Supreme Court.

She argued the Court of Appeal had ignored the issues she raised, “failed to give its reasons and denied her equal access to justice, making no allowance for her disability.”

The kangaroo Supreme Court said they were not “persuaded that the hearing in the Court of Appeal was unfair to her.”

The writer notes that had the victim been a Jewish Israeli the New Zealand Court would have gone out of its way to maximize injury compensation and award punitive damages, too!

Bruce Kendall
BRUCE KENDALL: The Olympic boardsailing gold medalist drove over Kimberly Birkenfeld in Yachting New Zealand motorboat. Photo: Photosport. Image may be subject to copyright.

  • Did the Olympics instill a sense of fair play in Bruce Kendall?

  • Was he playing fair when he drove the boat over his team’s main rival?

  • Did he intend to incapacitate Birkenfeld on behalf of Team New Zealand, or for other personal reasons?

  • Did he hate the victim’s guts because Birkenfeld was an American, a female, and a successful woman who was involved with someone else instead of HIM?

  • Did/does he suffer from “pakeha pete Syndrome?”

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5 Responses to “Anti American Judge Denies US Woman Injury Claim”

  1. astari1 said

    How is this exactly racist?

    So the only reason the Judge threw out the appeal was cos Birkenfeld was American? Where is that reported?

    Birkenfeld was pushing for US$15 million, but Yachting NZ offered numerous times to pay her a capped amount of about US$300,000.

    [Hearsay! Sentence edited, especially you say you “don’t know a lot about this case” – TEAA]

    I don’t know a lot about this case, but don’t see where the race part comes into it at all.

    • te2ataria said

      It’s appallingly Anti-American [It’s also Jewish Supremacist and Anti-Goyim.]

      It becomes anti-American when the New Zealand authorities, especially the ones with dual Israeli citizenship, bend backwards to facilitate up to 8-figure payments to the families of Jewish Israeli tourists who are killed or injured in New Zealand, but deny the US citizens fair treatment.

      How far did you think US$250,000 would take a victim with brain and spinal injuries in the U.S.?

      “Brain surgery is expensive but it depends on a lot of factors such as complications after surgery and how long your hospital stay is. I had brain surgery in November of 2006 but I had complications that left my left side weaker than my right and was required to have extensive therapy and over a month and half hospital stay. Over all, my bills have reached close to $750,000 or more. That is not including prescription costs since my surgery.”
      http://wiki.answers.com/Q/What_is_the_cost_of_brain_surgery

      See also: http://www.bri.ucla.edu/bri_weekly/news_031013.asp

  2. Birkenfeld said

    It is noticed that the press has spun the story.

    In the NZ Supreme Court, my issue on Application for Leave to Appeal was: As comparable countries such as Australia, Canada and the UK obligate Judges to give reasons for judgments, should New Zealanders also have a right to reasons for judgments?

    By the way, YNZ has not been liable on the pleadings since 2005.

  3. Joe said

    [Get a life, Joe. Start thinking with your top end. Moderator D.H.]

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