A former top American windsurfer seriously injured in a boating accident involving Olympic gold medallist Bruce Kendall has lost her final appeal against a ruling limiting her claim.
Kimberly Birkenfeld was seeking at least US$15 million ($23 million) in damages against Yachting New Zealand after an August 2002incident in which Birkenfeld was struck on her windsurfer by a boat driven by Kendall in waters off Greece.
The Supreme Court endorsed a Court of Appeal ruling limiting her claim. The High Court earlier arrived at a similar decision.
The boat driven by Kendall, her former coach, and owned by Yachting New Zealand was a 5.4 metre rigid inflatable boat weighing 320kg.
Birkenfeld suffered severe brain and spinal injuries and blamed Kendall, who pulled her from the sea and resuscitated her.
At the time of the accident, Birkenfeld was the top female windsurfer in the United States.
She now uses a wheelchair and has trouble speaking.
Last year the High Court ruled an international maritime law adopted by Parliament capped the damages she could receive from Yachting New Zealand at $400,000.
Birkenfeld appealed against this and represented herself at the Court of Appeal.
Birkenfeld argued the boat was too small to qualify under the law, which she said was meant to protect commercial shipping.
The judges said laws defining what is a ship for the purposes of limiting liability did not exclude small vessels such as inflatables. Birkenfeld was ordered to pay Yachting New Zealand $3000 in costs.
The Supreme Court ordered her to pay $1500 in costs.
- NZPA
* An earlier version of this story said the claim was won against Yacthing NZ and Bruce Kendall. It was only against Yachting NZ.
