Boardsailor case to be heard in Wellington

Kimberly Birkenfeld before the accident.

A crippled American boardsailor, who fears for her safety in Auckland, has won the right to have her $15 million damages claims against Olympic gold medallist Bruce Kendall heard in Wellington.

Kimberly Birkenfeld was the United States' top female boardsailor until August 2002 when she was hit by a motorboat in Greece, suffering severe brain and spinal injuries.

She now needs a wheelchair to travel more than short distances and struggles to speak.

The boat was owned by Yachting New Zealand and being steered by her former coach Kendall who pulled her lifeless body out of the water and resuscitated her.

Despite saving her life, Ms Birkenfeld blames Kendall for leaving her disabled and is suing him for general damages of $15 million plus an undisclosed amount for special damages including loss of earnings and medical bills.

She is also suing Yachting NZ, which owned the boat, for damages up to $500,000 after the organisation was granted a limitation decree last year.

In his reserved decision released yesterday, Justice Alan Mackenzie refused a request by Kendall and Yachting NZ to have the proceedings moved to Auckland.

Ms Birkenfeld - who is representing herself and came from Florida to Wellington for the February preliminary hearing - claims a post-traumatic stress disorder has created "real or imaginary fears" she will be harassed in Kendall's home town of Auckland.

Justice Mackenzie said Yachting NZ and Kendall had not proved the claim could be heard more fairly in Auckland, while there would be prejudice to Ms Birkenfeld.

Turning down an application by Ms Birkenfeld to be excused from paying a security bond of $96,000 covering the defendants' legal costs before the hearing, Justice Mackenzie limited her bond to $50,000.

- NZPA