Injured champion sues Kendall

Before the accident Kimberly Birkenfeld was the United States' top female boardsailor.

With her voice straining, and taking rests in her wheelchair, an American boardsailor yesterday told the High Court in Wellington why it should hear her $15 million damages claim against Olympic gold medallist Bruce Kendall.

Once the United States' top female boardsailor, Kimberly Birkenfeld suffered severe brain and spinal injuries in an accident with a Yachting New Zealand-owned motorboat driven by Kendall in Greece in August 2002.

She claims she had stopped when he ploughed into her. He claims she came at him at high speed and he could not avoid her.

Neither dispute that Kendall - former coach of Ms Birkenfeld, who is a friend of sister Barbara Kendall - pulled her out of the water and resuscitated her, saving her life.

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

Ms Birkenfeld is suing Kendall and Yachting NZ for general damages of $15 million, plus an undisclosed amount for special damages, including loss of earnings and medical bills.

Action against the International Sailing Federation has been withdrawn.

The matter had been before the High Court several times but yesterday was the first time Ms Birkenfeld - now representing herself - has appeared before the Wellington court.

Kendall's lawyer Neil Beadle said the accident was a tragedy.

"My client has a lot of sympathy for Ms Birkenfeld's situation. But in his view he does have a sound defence."

Kendall and Yachting NZ want to have the proceedings moved to Auckland and counsel to be appointed for Ms Birkenfeld.

However, Ms Birkenfeld disagreed, saying things had moved forward since she began representing herself.

She said her first New Zealand lawyer had filed claims without her knowledge. She had since approached several other lawyers but had been told they had a conflict of interest or did not want to act for her. "I want to represent myself at this time."

Ms Birkenfeld said she was unable to go to Auckland because she suffered from post-traumatic stress disorder and had come to Wellington via Sydney.

A psychiatric report by Dr Jerome Rogoff identified her concern she would be publicly harassed in Auckland, Kendall's home town.

"Because of fears real or imaginary, I'm not able to give evidence in Auckland," she said.

Justice Alan Mackenzie heard submissions on whether there should be an order exempting Ms Birkenfeld from paying the defendant's legal costs should she lose her case.

The court has asked Ms Birkenfeld to provide a security bond of $96,000 which she said was unfair, because under Accident Compensation Corporation law she would not have to provide surety if she were a New Zealander.

Justice Mackenzie reserved his decisions.

- NZPA