INJURED ANKLE.

Auckland Star, Volume LXVIII, Issue 45, 23 February 1937, Page 11

INJURED ANKLE.

CLAIM FOR £2300.

SEQUEL TO COLLISION.

JURY AWARDS COMPENSATION

An action to determine the amount of damages to which a. pedestrian, who was run down and injured by a motor oycliet, wae entitled, was heard in the Supreme Court to-day before the Chief Justice, Sir Michael Myere, and a jury of twelve. The plaintiff was Harold Selwyn Stone (Mr. Henry), farmer, of Auckland, and the defendant, Sydney BrentSmith (Mr. Finlay and Mr. Mackay), employee, of Mount Eden. The accident occurred at the intersection of Manukau and Mount AHtert Roads near the Royal Oak monument in September, 1035, and the plaintiff's left ankle was fractured in' three places. It was admitted that the defendant's negligence was responsible for the accident and the matter in dispute between the parties was the amount of damages to be awarded. The plaintiff claimed £60 12/ special damages and £2300 general. The special damages were admitted. Dealing with the general damage*, Mr. Henry aaid the plaintiff had been out of work for 18 months, during which he had endured pain and buffering. There was his permanent physical disability and the future loss of earning power to be considered in asbcs?ing the amount of damages. The plaintiff, in cross-examination, admitted that two doctors had told him it was a well-mended fracture. He thought the leg would never get better. He had taken further treatment in preference to an anaesthetic and manipulation. He refused manipulation because his nerves were in a bad state. Medical evidence was called by the defence in support of the contention that the nervou* element entered largely into the case. His Honor, in addressing the jurv, said there were no precise scales in which they could weigh the damages. They should not allow an amount which was niggardly or parsimonious, on the one hand, or an amount which was unduly generous on the other. The jury awarded the special damages claimed, £60 12/, and f920 general damages.