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Cabinet maker Shawn told “no chance” after pothole motorcycle crash. GMP Law took rejected case, secured $475K from the Council. Read his story.
Shawn was a skilled cabinet maker whose days were filled with precise, detailed joinery work.
“I was a cabinet maker. I would assemble cabinets and make a lot of detailed joinery,” Shawn explains. His work required steady hands, physical strength, and the ability to stand and move throughout the day.
Outside of work, Shawn’s life revolved around his family and staying active. He was constantly on the move.
“Daily activities were going to the park with the kids, walking my dog, coaching my son’s soccer team, and playing soccer.”
However, on 9 March 2022, a routine motorcycle ride would change everything.
It was approximately 4:50 pm when Shawn was riding his Harley Davidson along Eagle Vale Drive in Eagle Vale, NSW, near the intersection with Hardy Street. What happened next occurred in seconds but would impact years to come.
“I was riding my Harley Davidson when I hit a large pot hole,” Shawn recalls. The front wheel of his motorcycle entered a large pothole in the road. The impact sent his body over the handlebars. The bike landed on his torso as his body slid along the road surface before coming to a stop.
The severity became clear quickly. With Shawn realising the extent of his injuries while he was in the back of the ambulance.
Shawn’s injuries were serious and many. He had:
Following the crash, Shawn spent seven days in hospital. The road to recovery would prove long and difficult.
“There were a lot of challenges not being able to walk properly after the accident then after surgery no weight bearing on my leg for six weeks with a seven-month recovery which really took it out of me,” Shawn reflects.
The injuries weren’t temporary.
“I still have very bad pain in my knee and leg,” he says of the long-term consequences he continues to experience today.
The impact extended far beyond the physical injuries. Shawn’s ability to work as a cabinet maker was compromised. The activities he loved with his children became difficult.
“I am in pain everyday with my knee. It affects things like going out with the kids. It has made me very withdrawn some days. Taking time off work really affected me with financial stress.”
For someone who had been active, engaged with his family, and working steadily, the combination of physical pain, inability to participate in activities, and mounting financial pressure created a difficult new reality.
When Shawn was discharged from hospital, he took action based on advice from his father.
His first attempt to get legal help ended in disappointment.
“I was in hospital for seven days when I was discharged and contacted a solicitor. They said I had no chance, so that’s when I contacted GMP Law and they took on my case,” Shawn explains.
Being told he had “no chance”” by that first solicitor felt like another blow on top of his injuries and recovery challenges. But Shawn didn’t give up.
“I saw an ad on tv and thought I will ring these guys seeing as though the first solicitor told me I had no chance,” he shares about choosing to contact GMP Law.
Where the first solicitor saw no case, GMP Law saw an opportunity for justice. Lawyer Olexa Matiouk took on Shawn’s case in March 2022 and immediately recognised the potential for a successful claim against the Council.
The legal basis was clear: under section 42 of the Civil Liability Act, councils have specific responsibilities regarding road maintenance and hazards. The large pothole that caused Shawn’s accident represented a potential breach of that duty of care.
Olexa explains his strategic approach.
“We built a comprehensive case using expert liability reports and relied heavily on the precedent set in Kathie Salman v Hornsby Shire Council, a case that GMP Law had specifically run in court. This judgment established important principles about council liability for road hazards, and it proved instrumental in our negotiations.”
The legal team retained multiple experts to build a thorough case:
Shawn’s approach to the legal process was pragmatic: “I didn’t really have any concerns, I just let the process go,” he says of his initial uncertainties. Although, he understood that the claims process would be long.
The GMP Law team maintained regular contact throughout.
“It was through phone calls and email,” Shawn describes the communication style, and shares that the team were “very helpful with any question I had.”
One challenge emerged during the proceedings when Shawn required surgery, causing a slight delay in the timeline. However, this additional medical intervention also helped document the ongoing severity of his injuries and the need for continued treatment.
The case that proved most influential in achieving a successful outcome was one GMP Law knew intimately: Kathie Salman v Hornsby Shire Council. Having previously run this case in court, the GMP Law team understood its implications for council liability cases.
Olexa notes the impact.
“The Kathie Salman v Hornsby Shire Council judgment made the Defendant more worried about losing the case in court and therefore they were willing to offer more money to settle the case. The Defendant solicitor specifically quoted that case during our negotiations.”
This strategic use of legal precedent, combined with comprehensive expert evidence documenting both liability and damages, positioned Shawn’s case for a strong outcome.
$475,000, inclusive of costs
In September 2025, after more than three years of legal proceedings, Shawn’s case settled for $475,000, a result described as ‘above average’ for similar cases.
Shawn’s response to the outcome reflects both relief and gratitude.
“It has helped a lot. I am now debt free and finally have some financial freedom no more stressing,” he says about how the resolution impacted his life.
He specifically acknowledges the role of his legal representation in achieving this result.
“Getting the outcome I did I think if it was not for Olexa I would have got nothing … I would like to thank olexa for everything he has done in my case.”
While Shawn still lives with daily pain in his knee and leg, the financial settlement has removed a significant source of stress and provided security for his future. The debt-free status and financial freedom he now enjoys allow him to focus on his recovery and his family without the constant weight of financial worry.
Shawn’s perspective on the experience is straightforward and encouraging for others who might be in similar situations.
“Just do it, you never know how it will all work out if you don’t do it,” he advises anyone who has experienced a similar incident.
His case stands as a testament to the importance of persistence. Both in pursuing legal representation when the first answer is discouraging, and in seeing the legal process through to completion even when the outcome is uncertain.
Olexa emphasises the broader implications of cases like Shawn’s.
“Local councils need to action complaints made by members of the public in regards to hazards, otherwise they are in the firing line for negligence. People should report issues and hazards to their local council when they see them. It’s not just about preventing accidents, it’s about creating accountability.”
Shawn’s case demonstrates GMP Law’s commitment to taking on cases other firms reject and fighting for clients who deserve justice.
If you believe you have a motorcycle accident or public liability claim, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.
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