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Motorcyclist wins £40,000 from KTM after brake seizure

Published: 05 May 2017

Updated: 05 May 2017

A Derbyshire man has won over £40,000 in damages after the brakes on his KTM seized causing him to crash, damaging fingers and severely fracturing his left wrist on February 24, 2010.

56-year-old Andrew William Baker, a surgeon, was thrown from his KTM 990 Supermoto when the brakes seized due to corrosion.

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Judge Allan Mainds QC ruled in Mr Baker's favour in 2015 at Leicester County Court following a five day hearing and awarded him just under £44,000. That ruling has now been upheld on appeal. Mainds was "satisfied the corrosion happened as a result of a design defect combined with faulty construction or the use of inappropriate or faulty materials, and that this corrosion was the probable cause of the brakes seizing".

Christopher Bamford challenged the ruling on behalf of KTM this week, stating there was no evidence the corrosion was due to a defect in the motorcycle, but the original ruling was upheld.

Judge Mainds said the motorcycle was recently purchased, low mileage and had been properly serviced and maintained. He felt there was corrosion "when there ought not to have been".

 

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