Supreme Court DAMAGES CLAIM BY PILLION PASSENGER

Press, Volume XCVIII, Issue 28895, 15 May 1959, Page 13

Supreme Court DAMAGES CLAIM BY PILLION PASSENGER

Allegations that a motor-cyclist had been driving at an excessive speed and had failed to keep a proper lookout when he crashed into the back of a truck parked in Knowles street were made in the Supreme Court yesterday by the owner of the truck, Joseph Arthur Briscoe, a chimney sweep. A pillion passenger on the motor-cycle, Murray Charles Hill, aged 20. who alleged that Briscoe parked the truck at night without a rear light and at a dangerous distance from the kerb, claimed £3750 general damages from him.

The claim is being heard befor Mr Justice Haggitt and a jury. Mr J. G. Leggat, with him Mr G. R. Lascelles, is appearing for the plaintiff and Mr R. P. Thompson for Briscoe. Hill and Edward Kendrick, the motor-cyclist, were both severely injured in the accident. Constable B. H. Hubbard said that when he arrived at the scene of the accident he noticed that the parking lights on Briscoe’s truck were not shining but there were no indications that they had been damaged. There was an unlighted street lamp about 60 yards away, and the nearest lighted lamp, which was about 100 yards to the east, did not illuminate the scene of the accident. There were strips of luminous tape on each rear bumper bar of the truck. Broken Glass Found A quantity of broken glass found on the roadway appeared to have been two beer flagons but there were no signs of liquor, said the witness. A statement by Briscoe in which he claimed he had parked the truck with parking lights on was read by Constable A. E. Pontifex. In a later interview the defendent said it was quite possible that the parking lights were out at the time of the accident because the light switch on the truck was faulty. When the switch was checked it was found to be “indefinite” in operation, said the witness. Hugo Bowron, a barrister and solicitor, said that Briscoe had expressed surprise when served with the statement of claim for damages. Briscoe told, him he had parked his truck on the left side of the street with the brakes off; it was at a slight angle with the front wheels closer to the gutter than the rear wheels were. The defendant said he thought the impact had straightened the truck up. Donald McKie Dickson, a surgeon. said the headaches suffered by Hill as the result of his head injury would gradually disappear. The injury to the knee was a severe one and a risk of osteoarthritis was always associated with a fracture of a joint. ‘‘To use a common phrase he will be a sitter for that sort of trouble.” Defence Submissions

In his opening address Mr Thompson said the defendant denied that the accident was caused by him and alleged that it was due solely to the negligence of Kendrick, the rider of the motor-cycle. He contended that Kendrick had failed to keep a proper look-out, had been travelling at an excessive speed and had tailed to stop or steer clear so as to avoid striking the truck. If the lights on Kendrick’s machine had been in order he should have seen Briscoe’s truck 150 ft away and would have been able to pull up; even if the truck was parked lift out in a 30ft roadway, which was not admitted, he would have had ample room to pass it. On the evening of the accident Briscoe had been visiting some friends in Knowles street At 11.30 p.m. he had parked his truck with the left front wheel against the gutter and the left rear wheel no more than a foot away from the kerb. He had made sure the parking lights were on before he left the vehicle. “On those facts alone you would be bound to find that there was no negligence on the part of the defendant,” said Mr Thompson. No doubt Hill was limited in some of his activities but he would have no real trouble about earn-

ing his living for a long time to come. James Keith Davidson, senior surgeon at the Christchurch Public Hospital, said that Hill had suffered a very serious injury but had made a remarkable recovery. There was no reason however why he should not be able to play ipost games except football. He would agree that Hill’s knee would probably let him down sometimes because of muscle wasting in his thigh. Arthritic changes could be expected to occur in Hill’s leg but they would not be so serious as had been suggested by the plaintiff’s medical witnesses. ;