BROKEN SPINE

Auckland Star, Volume LXXVI, Issue 120, 23 May 1945, Page 6

BROKEN SPINE

CLAIM FOR £3170

ACTION BY WATERSIDER

• Arising out of an accident on the Central wharf on July 23; 1943, James Leonard Fernandez. (Mr. R. K. Trimmer).in the Supreme Court today, before Mr. Justice Callan, "claimed.from Leonard and Dingley, Ltd. (Mr. H. P. Richmond), £2500 general damages and ;£670 special damages for injuries received, s ■ In* his statement: of claim the plaintiff; a waterside worker, aged 54, set: out that in July, 1943, he was employed by the American Transport Service' in Auckland, and on the 23rd of that month was operating an electric hoist. While he, was so occugied:the top bale of ;a'sling of nve ales of paper fell from the hoist upon him. As a result of the accident plaintiff suffered a fracture of the spine-arid was .in plaster for four months,' incurring great, panv and -suffering. He claimed he had suffered temporarily a total, disability, and in futurf would always be at least 5.0 .pei&ceht" disabled. r , ; - Plaintiff alleged that the cause of the -accident was negligence on the pari: of defendant's servants, or agents, whose duty it was to place the bales upon the hoist and to fasten the rope sling with a knot in such a" way that it would, remain secure until loosened by humanagency. His earnings for the-twelve months prior to the.accident were £895;. -The defendant company had been- paying plaintiff weekly -compensation at The'defence-admitted the top bale of paper fell from the hoist" on to pla&tiff.ibut denied that he suffered from the rieghgehceVof H*B?d&eridant company spr its agents or> The defendant had always been ready :to pay a ■ lump suiri -to plain tiff either as agreed upon or as the Court found toibe, due. (Proceeding.)i;'