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Payout for bikie hit twice
WA Bandidos’ president Shane Lehman.

A Bandidos’ bikie who was knocked off his motorcycle twice by negligent drivers has been awarded more than $130,000 in damages — despite a judge saying he had “a willingness to work the system” in his damages claim, including exaggerating his injuries.

William James Hurley, 52, was injured in accidents in May and October 2013, first in Myaree and then Coolbellup, that left him with an injured wrist and shoulder, huge gashes on his arms and legs, as well as other disabilities and “general loss of enjoyment of life”.

During a District Court hearing this year, Mr Hurley told the court that after the crashes, he had worked and helped out Shane Lehman, president of the WA chapter of the Bandidos bikie gang.

And surveillance footage taken of Mr Hurley showed him repairing and working with vehicles.

The court was also told that while in hospital after the second crash, Mr Hurley was “verbally aggressive” towards nursing staff after they warned him about the dangers of smoking after an operation.



 

 

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A lawyer representing both drivers argued that any award of damages should be “modest” and that Mr Hurley’s evidence about his continuing injuries should not be accepted because “he has told treating and reviewing doctors things that were patently untrue”.

In his ruling, Judge Philip Eaton said Mr Hurley “tended to exaggerate the impact of his injuries” and at one stage used a crutch when it was not necessary.

He also said he did not believe Mr Hurley had the continuing injuries.

“I take that stance because of the plaintiff's demonstrated tendency to exaggeration and deceit,” Judge Eaton said.

But he ruled Mr Hurley was entitled to general damages, loss of earnings and interest totalling $136,109.20.