Evidence on paper
Evidence on paper
David Culpepper was a guest at the McLaren ice driving event. He found it difficult to see contours with the light conditions. Otherwise, his evidence does not go to the issues.
Kevin Mason was the medic who attend the Claimant after the crash. When he arrived the Claimant was helmet off and coherent. He had leg pain but no neck pain or back pain and no loss of sensation. He was fully alert and talking normally. He provided no other evidence relevant to the issues.
David Hale was also a guest and provides no useful evidence on the issues. He did not do snowmobiling.
Elisa Honkavuori was the COO of LA at the time. She organised the McLaren ice driving event. She was involved in selecting the guides. LA only selected the most experienced and then trained them. The documentation was produced by Henry Valle and Jukka Lainkari. The latter trained the guides. After the accident she spoke to AP who told her that after 4km of riding he heard a crash, saw the Claimant against a tree 20-25 metres away and ran back. AP said that the Claimant told him that his glove became stuck and he accelerated instead of braking.
Ari Pikkuhookana is a SM instructor for LA and a guide for them. He described the LA training given to guides. The training covered the SM modes and safety briefings and safe guiding. He described an accident which occurred on 2.1.2021, so after the Claimant’s accident. It was on a private track at 4 pm and they were using Lynx Xtrim 900 SMs. He considers that type of SM to be good for beginners in ECO mode. He said that ECO mode capped the speed at 40kph and Standard mode increased the acceleration and top speed. He did not generally allow changes of mode away from ECO. On a safari a 17 year old going at 15 kph went off track at a left turn. He did not see the event. He “thinks” that she gripped the throttle by mistake. No injury of importance arose.
Janne Seurujarvi provided two witness statements. He was the MD of UTAC who provided the track for the McLaren snowmobiling and had done so since 2018. McLaren asked for a short, flat, easy to navigate circular track, with corners, near the car track and suitable for novices. They created one each year in winter. A groomer machine with snow ploughs at the front was used to level snow and create banks. LA maintained the track.
- 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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