Supreme Court YOUTH SEEKS £3750 IN MOTOR ACCIDENT CLAIM

Press, Volume XCVIII, Issue 28894, 14 May 1959, Page 17

Supreme Court YOUTH SEEKS £3750 IN MOTOR ACCIDENT CLAIM

General damages of £3750 were claimed in the Supreme Court yesterday by a young man who was injured when the motor-cycle on which he was a pillion passenger struck a parked truck at night. The claim was heard before Mr Justice Haggitt and a jury. ’ The claim was made by Murray Charles Hill, aged 20, against Joseph Arthur Briscoe, a chimney sweep. Mr J. G. Leggat, with him Mr G. R. Lascelles appeared for the plaintiff and Mr R. P. Thompson for the defendant. Hill was a pillion passenger on a motor-cycle ridden by Edward Kendrick which struck a parked truck in Knowles street about midnight on August 18, 1956, said Mr Leggat. Hill and Kendrick had spent the evening at Hill’s home in Knowles street where a party was being held. It had been a perfectly normal evening and Hill, who was then only 18 years old, had drunk nothing but lemonade. About 11.15 o’clock the two boys had gone into town on Kendrick’s motor-cycle to get some supper, from a pie cart and were returning along Knowles street when the accident occurred. About 300 yards east of the Cranford street intersection the motor-cycle had struck the right rear of a light truck, operated by Briscoe, which had been stopped some distance into the roadway, said Mr Leggat. The motor-cycle hit the back of the truck a violent glancing blow and cannoned off across the road. The force of

the impact pushed the truck forward about 19ft

A police constable who arrived on the scene soon after the accident was able to fix the point of impact with some certainty as being lift from the north gutter, or four feet from the centre of the 30ft roadway. Kendrick suffered “very very severe injuries” and both he and Hill were knocked unconscious. It was submitted that Briscoe’s truck had been parked without rear lights and in such a position as to be an obstruction to other traffic, said counsel. The police constable had noticed that although the truck received only minor damage it had no rear lights showing. Briscoe, who was found nearby, had told another constable from, the motor accidents branch that he might not have left the rear lights on. A street light near the scene was not functioning at the time. “Incorrectly Stopped”

“It was a case of a truck being incorrectly stopped without rear lights or near a street light and in such a position as to constitute a danger to other roadusers,” Mr Leggat said. As Hill was a passenger on the motor-cycle any question of contributory negligence on the part of Kendrick would not affect him.

“What you have to consider is whether any negligence by Briscoe contributed in any material respects to the injuries suffered by Hill, and then to decide on the amount of damages he is to receive,” counsel said. At the time of the accident Hill was a steel metal worker and was an ordinary active youth. As a manual worker he would need his full physical faculties to earn his living.

Mill suffered concussion in the accident and even now had frequent headaches, Mr Leggat said. He also suffered cuts and lacerations from which he had now recovered, and a badly fractured left leg which had left him knockkneed and without full control of his knee.

Hill was now working as a labourer in a flourmill, but claimed he could not stand up to the work for any length of time; only the other day he had fallen off a ladder. Doctors had said he would suffer from asteo-arthritis in his knee and whatever disability he had would be with him for the rest of his life. He had very bad injuries which would have very severe industrial consequences. The plaintiff claimed damages for his loss of the enjoyment of life and loss of earning capacity. Because of his disability he could no longer take part in many of the sports he used to enjoy and could not compete with a fit man for a job. The plaintiff was being crossexamined by Mr Thompson when the hearing was adjourned to this morning.