Top boardsailor fails in latest bid to get $15m damages from Yachting NZ

American boardsailor Kimberly Birkenfeld has lost her latest attempt in a nearly eight-year bid to get $15 million damages from Olympic gold medallist Bruce Kendall.

Once the United States' top female boardsailor, Birkenfeld suffered severe brain and spinal injuries in 2002 when her windsurfer collided with a Yachting NZ-owned motorboat driven by Kendall in Greece.

She had initially sought $15 million in damages, but Yachting NZ and Kendall won orders limiting the amount of funds payable to US$500,000 ($702,000).

Yachting NZ never admitted liability for the accident but had offered on several occasions to pay Birkenfeld the full amount, which she had declined.

In 2008, the Court of Appeal threw out Birkenfeld's appeal, after she argued that the offer only dealt with quantum damages, not Kendall's alleged negligence.

Last July, the Supreme Court dismissed Birkenfeld's application for leave to appeal her case, saying it was "not persuaded that the hearing in the Court of Appeal was unfair to her".

The Supreme Court yesterday dismissed a further application filed by Birkenfeld, who argued that lack of a right to public access to court records deprived her of the right to a fair and public hearing.

Yachting NZ's lawyer Neil Beadle told the Herald that Birkenfeld has filed another application seeking an appeal. This one objects to the money having been paid to the Public Trust to hold until paid out to her.

"The whole situation is a tragedy and Yachting New Zealand has always acknowledged that," Mr Beadle told the Herald.

Yachting NZ chief executive Des Brennan said Birkenfeld had suffered an appalling accident which had become central to her life but it was now minor aspects she was bringing to the courts. "There possibly needs to be some balance in terms of the cost to everybody and the value being delivered."

- by staff reporter and NZPA