DAMAGES CLAIM.

Auckland Star, Volume LXIX, Issue 128, 2 June 1938, Page 8

DAMAGES CLAIM.

BY MOTOR CYCLIST.

CCHLLISION ON TAMAKI DRIVE

■ Sequel to an accident on Tamaki Drive on the night of August 20 last year, a claim was made in the Supreme Court to-day by Donald Thornton Goodwin, butcher's assistant, of Dominion Road, against Bertram O. McAneny, warehouseman, of Remuera, for £425 7/4 special damages and £1000 general' damages.

The case is being heard before Mr. Justice Fair and a jury, Mr. Coates representing plaintiff and Mr. Goldstine appearing for defendant.

Opening the case for plaintiff, Mr. Coates said that his client, aged 22 years, after having met and had supper with a woman friend in town, took her for a ride on his motor cycle as far as Mission Bay. They were on their nay back at 11.30 p.m., and were at the intersection of Ngapipi Avenue, when a small motor car, turning into Ngapipi Avenue and driven by defendant, collided with the motor cycle.

Aβ a consequence, eaid Mr. Coates, plaintiff wae for six months in hospital. He suffered a broken thigh and had both wriste broken. One leg would be permanently ehort, and one knee wae somewhat stiffened, so that plaintiff, as a result of the accident, would have a eerioue permanent disability. Plaintiff alleged that the collieion was caused by the negligence of defendant in hie manner of turning out of Ngapipi Avenue. Plaintiff gave evidence along theee lines. He stated that approaching the Ngapipi Avenue intersection, at° the "slow" sign he slowed from about 30 milee per hour to about 20 miles per hour. Just before that he had seen a car turn out of Ngapipi Avenue and turn towards the city. When at the intersection he saw the lights of another car approaching, apparently about to turn into the avenue. Then they ehone full on him, and he remembered no more till he found himself lying on the road being attended to for his injuries.

Evidence as to Cause. Plaintiff added that when he became conscious after the collision a man pave him a cigarette and then asked another man how the accident happened. The other man replied, "I didn't see him coming."

To Mr. Goldstine the witness stated that he saw the light of defendant's car just before he (witness) got to the intersection, and at that time the light seemed slightly inclined towards Ngapipi Avenue. Witness said he was certain of the remark "I didn't see him coming," and added t>iat defendant, on seeing witness at the hospital, told him the accident was caused by v the confusion of lights on the road at the time.

The relative positions of the cycle and car after the accident w«re described by a constable who was called to the scene. He said that defendant, in a statement made to him, ascribed the accident to excessive speed by the motor cyclist. (Proceeding.)