Definition of terms used
Definition of terms used
Bundle references: C1 means core bundle page 1. D1 means documents bundle page 1;
“ride 1”: means the short ride straight after the briefing, done in ECO mode;
“the stop”: means the period when the group stopped after ride 1;
“ride 2”: means the second ride after the stop when the Claimant was in a higher power mode than ECO;
“straight 1”: means the straight before turn 1. There was some confusion over the description of this straight, which was sorted out by an agreed plan at trial. In total it could have been perhaps as long as 260 metres (see Mr Wright’s plan at C855), but the last part of this straight was shown on the agreed plan as 62-80 metres long. Looking back from turn 1 down straight 1 (figure 43, D548 - Mr Arnold’s report) there is a right hand curve which AP and the Claimant came around before reaching straight 1. It does not appear to be possible to see further back than that curve when looking back from turn 1. The experts marked the end of the right-hand curve on the agreed plan
“turn 1”: means the first left hand turn of the pair at which the accident occurred;
“straight 2”: means the second straight, after turn 1, which was about 32 meters long from apex to apex and 18 metres long from the end of turn1 to the start of turn 2;
“turn 2”: means the second left hand turn where the accident occurred.
Here is the agreed plan:
- Heading
- The Parties
- Bundles
- Summary
- The Issues
- Definition of terms used
- PAP letters, pleadings and the chronology of the action
- Documentary evidence
- The witness evidence
- Agreed evidence
- Evidence on paper
- The Claimant’s evidence
- The Defendant’s evidence
- The expert evidence
- Snowmobile operation and guiding
- Assessment of the expert evidence on snowmobile operation and guiding
- Assessment of the accident reconstruction expert witnesses
- Assessment of the credibility of the Claimant, Miss Mealor, AP and Mr Satta
- Findings of fact
- Applying the law to the facts
- Conclusions
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