WOMAN'S INJURIES

Auckland Star, Volume LXVI, Issue 268, 12 November 1935, Page 9

WOMAN'S INJURIES

STRUCK BY MOTOR CAR

£3054 DAMAGES AWARDED.

CHRISTMAS EVE MISHAP. An award of £3054 damages for injuries sustained when a motor car mounted the kerb in Karangahape Road laet Christmas eve and knocked her down was made by a jury at the Supremo Court last evening to Mrs. Maria Ecclestone, of Grey Lynn. The plaintiff, who was represented by Mr. Colliding, claimed £3500 general damages and £1073 special damages, from the driver of the motor car, James Killen (Mr. West), farmer, of Matangi, Cambridge. Medical evidence for the plaintiff regarding injuries to her leg showed that there was still a possibility of the limb having to be amputated. Dr. W. C. McCaw, senior orthopaedic surgeon at the Auckland Hospital, said that tho question of amputation would probably not bo decided in Ices than three years time from the date of the accident. Mr. Kenneth Mackenzie, medical practitioner, said he thought the plaintiff had a very poor prospect of recovering the use of her leg to Any great degree. Dr. Morris Axford was of the opinion that recovery would not bo sufficient to remove the necessity for amputation. For the defendant, Mr. West contended that the claim was out of all proportion to the injuries. Ho mentioned that in Juno last a claim was mado for £2500 damages, but a month later the claim was increased to £4500. Dr. K. S. Macky, orthopaedic surgeon, stated that ho had noticed a very definite improvement in Mrs. Ecclestone's leg. The fractures were soundly healed and the signs were for a progressive recovery. Dr. A. E. Moore, surgeon, said that there was a great improvement in the leg. As far as future walking ability was concerned, it was a matter for conjecture. Hie Hotior told the jury that the object of the law was to put the person who was injured back to as near as poseible the same position financially as before tho accident. The pain suffered must also be taken into account. The jury returned after an hour to award £2500 general damages, £260 for expenses already incurred, and £294 for probable future expenses. By direction of his Honor tho third item was incorporated with the first, and judgment given for £2794 general and £200 special damages, making a total of £3054, and costs, to plaintiff. Mr. West wae granted seven days in which to apply for a new trial on the ground that the damages were excessive.