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The athlete's appeal is scheduled for March 2, 2011 at 10 AM (CA 793/2009 Court of Appeal, Wellington, New Zealand).

The accident left her unable to use her arms or walk, but former US Olympic Committe athlete Kim Birkenfeld continues fighting for facts surrounding the near-fatal accident to be determined.  Undeterred, she next travels from Miami, FL to Wellington, New Zealand for court appearance in early March 2011.  

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Original proceedings:

From 2004

CIV 2004-485-1657 Kimberly Birkenfeld v Anthony Bruce Kendall, Yachting New Zealand and the International Sailing Federation (ISAF)   High Court Wellington, New Zealand

In 2004, under duress, Birkenfeld was persuaded to file overseas in New Zealand (residence of the person in charge of the powerboat). This has effectively kept the story out of the US media. 

From 2005:

CIV 2005-085-596  Johnston Lawrence v Kimberly Birkenfeld v Roger Chapman                                                                              District Court Wellington, New Zealand

CIV 2010-485-1080                                                                                                                      High Court Wellington, New Zealand

In 2005, with a hearing for summary judgment (by the International Sailing Federation) pending, the court permitted Birkenfeld's New Zealand attorney to resign on short notice. 

With the NZ attorney's short-notice resignation, Birkenfeld refused to pay the final bill.   The New Zealand lawfirm then commenced suit against her for refusing to pay the final bill.  Birkenfeld filed counterclaim based on fraudulent representation.

Both cases,  CIV 2004-485-1657 and CIV 2005-085-596, have been proceeding at the same time, but in different courts since 2005. Birkenfeld's motions to the courts that this is an undue and unfair burden have gone unanswered.

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