Boardsailor seeks $15m over collision

A former top American boardsailor seriously injured in a boating accident argued her own case in the Court of Appeal yesterday.

Kimberly Birkenfeld, 40, is seeking at least $15 million in damages against Yachting New Zealand and her former coach, Olympic gold medallist Bruce Kendall.

A rigid inflatable boat driven by Kendall collided with Birkenfeld in waters off Greece in August 2002.

She received severe brain and spinal injuries.

The boardsailor blamed Kendall, who pulled her body from the sea and resuscitated her.

At the time of the accident, Birkenfeld was the top female boardsailor in the United States.

Yesterday she travelled to court in a wheelchair, helped by Wellington friends, and had trouble speaking.

Even so, she argued her own case well enough to interest the justices.

At issue was whether an international maritime law adopted by Parliament caps the damages she could receive from Yachting New Zealand at $500,000, as the High Court ruled last year.

The law limits the liability of vessels involved in navigation.

The boat driven by Kendall and owned by Yachting New Zealand was a 5.4m rigid inflatable boat weighing 320kg.

Birkenfeld argued that the boat was too small to qualify under the law, which she said was meant to protect commercial shipping.

Other countries, such as Canada, had specifically included pleasure boats within the liability limit, but Parliament had not, she said.

She also argued that the High Court judge should have told her about the complex maritime law since she was representing herself.

The court reserved judgment.

- NZPA