This article originally appeared on VICE Australia.
A disabled man has lost a fight in court, claiming his wife was responsible for his disabilities. He argued that if she’d slammed on the brakes before he jumped from their car, she would have saved him. But the court disagreed, basically finding the whole thing to be his fault.
Brian Lim and his wife Eunkyung Cho had spent a night out at dinner with their two children on December 15, 2012. There, Brian ran into an acquaintance and stopped to chat, which apparently annoyed his wife. They then argued on the way home with Cho driving, and Brian in the passenger seat. Finally, she said something disparaging about his parents and Brian told her he wanted a divorce, before opening his door and threatening to bail out.
Later, Cho said she put her hand over him and told him to “stop being silly.” But Lim was pretty determined to make a point and bailed out amongst traffic on Barker Rd, Strathfield. He hit the ground at 50 kilometers an hour [31 miles per hour], which has left him with “catastrophic injuries.” This incident occurred in front of their children.
Brian later sued his wife for negligence claiming that by simply braking she could have saved him.
Judge David Wilson sided with Cho, finding that if she’d suddenly braked, she could of possibly injured the kids in the back or caused a car accident. He also found that she acted reasonably and ruled that any damages should be reduced by 100 percent.
Displeased with the outcome, Brian attempted to take his case to the NSW Court of Appeal. His claim was dismissed on Monday by Justice Ronald Sackville, who described the case as "both unusual and tragic."
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