THE father of a Ballarat motorcyclist killed in a racing accident three years ago is suing the sport for damages.
Peter Magee, whose 19-year-old son Liam was killed during the Australian Superbike Championships in South Australia in April 2002, claims he has suffered nervous shock and psychiatric illness as a result of the accident.
The Advertiser in Adelaide reported Mr Magee, 53, is seeking damages from Motorcycle Australia Limited after SA Coroner Wayne Chivell last year found his son's death could have been prevented.
Liam Magee was travelling about 205kmh when he lost control of his Suzuki GSXR 1000 bike during round three of the Australian Superbike Championships at the Mallala race track in April 2002. He slid for almost 140m along
the track before hitting a concrete barrier at 100kmh.
The newspaper reported that in a statement of claim filed with the District Court, Mr Magee said Mallala Motor Sport decided to construct the concrete wall in 1998.
"(A) tyre wall . . . was removed and replaced by the concrete wall to provide more space for the grandstand," it says. "On the day of Liam's death the concrete wall had no airfence (or) other form of padding. Had there been any
. . . he would probably would have survived."
Mr Magee is also suing Mallala Motor Sport Park Pty Ltd, Clem Smith Nominees Pty Ltd, Phoenix Motorcycle Club of SA Inc, and Hall Technical Services Pty Ltd.
He claims all five defendants breached their duty of care.
"The circumstances of Liam's fall, slide, collision with the concrete wall and consequent death were heard and seen by (Mr Magee)," Mr Magee's statement of claim says.
Defence documents have not yet been filed.