Supreme Court £15,000 Claimed For Severe Head Injury

Press, Volume XCVIII, Issue 29067, 2 December 1959, Page 14

Supreme Court £15,000 Claimed For Severe Head Injury

General damages of £15,000 were claimed in the Supreme Court yesterday by a man whose five-year-old son was killed, and who himself suffered a severe head and brain injury when a taxi in which they were travelling crashed over a bank in Pyramid Valley, North Canterbury four years ago. The claim was brought by John Sutherland East, aged 34, a shoe, designer, against Allan Palmer Boyle, the taxi proprietor, and Douglas Alexander English, the taxi-driver. The hearing, which is before Mr Justice Macarthur and a jury, will continue today. Mr H. S. Thomas is appearing for East; Mr R. A. Young, with him Mr P. G. S. Penlington for Boyle: and Mr B. McClelland for English. On Sunday, November 20. 1955, East and his five-year-old son went on a taxi trip with a friend named Pawsey to the latter's home at Hawarden, said Mr Thomas. They hired a taxi in Christchurch about 2 p.m. and drove to Hawarden.

On the way back to Christchurch the taxi-driver, English, took a different route. CZoing up a hill through Pyramid Valley the driver seemed to be accelerating and was -going at such a speed that he was Unable to negotiate a left turn over the crest of the hill. The car ran off the road down a bank, coming to rest upside down in a field about 200 ft from the corner, said Mr Thomas. The plaintiff suffered very severe injuries and his son was killed.

East suffered injuries to his hands which resulted in the loss of one finger. His main injury however was damage to the front of his head. He had lost the whole front part of his forehead. The plaintiff was flown to Dunedin for repairs to his head and was then released to recover. During that time he had considerable pain and suffering as the result of infection in his head. He later returned to Dunedin where a plate was inserted in his forehead to protect his brain as a large area of bone was missing, Mr Thomas said. Serious Results The subsequent resylts of the injuries were even more serious, however. As a pattern-cutter and designer in a leading city footwear firm he would have gone through the trade to a higher position, but now he could not advance at all.

As the result of the damage to his head East now suffered from epilepsy and his asthma had been aggravated. He could not concentrate on his work, could not take part in sport, work in the garden or participate in many other

normal activities because of his brain injury. During his epileptic fits he became dangerous to his wife and small child and according to his doctor his mental health would inevitably deteriorate, said counsel. Eventually he might have to be placed in a mental hospital

for treatment. East’s whole future was in jeopardy because although he was working at present he might have to give up work later on. In evidence, East said that as the taxi was returning from Hawarden through Pyramid Valley the driver was “batting along

very fast.” After the taxi had. skidded slightly at one point he had asked the driver to remember that they had another “very valuable passenger” with them, referring to his child.

English had replied that he had promised his wife he would be back in Christchurch before 7 p.m., said East. The taxi-driver had not reduced speed and as they went up a slight incline he seemed to give the car full throttle. “We came to a blind corner and there seemed to be nothing beyond the crest of the rise,” said East. “We seemed to be taking off into space.” The driver still did not slow down and the car skidded and veered to the right of the roll. “As we were driving along the clay face my boy said to me: Daddy, we’re going over the bank.’ I could see no way of getting out of it so I just put my arms around him, and I don’t remember any more.” East said the driver seemed to do nothing to correct the slide. “I didn’t yell out to him as I didn’t want to panic the youngster.” he added. Plaintiff Cross-examined

Cross-examined by Mr McClelland, East said he had known Pawsey for about 15 years before the accident and had been to his farm on previous occasions.

“It is correct that Pawsey is an alcoholic,” asked counsel. East said he was not in a position to judge. Pawsey’s normal method of

transport was by taxi, he had had his driving licence cancelled some years ago. East said he had gone on the trip to see Pawsey home. Pawsey had arrived at his home the previous morning and they went in Boyle’s taxi to the New City Hotel for a drink about 11 o’clock. He could not say how much he and Pawsey had drunk. tka * they went to the Market Hotel where he had about half a dozen drinks, said East. Boyle then drove them to an address in Heaton street or Clifford avenue, and then to the Papanui Hotel where they stayed untilclosing time. At that hotel he and Pawsey bought some beer and whisky to take away and were driven to East’s home by English, who had taken over the taxi from Boyle. It had been intended to drive Pawsey home to Hawarden. After sitting in the taxi outside the house waiting for some time English was invited inside. “One or two drinks” had been poured at t“ a t stage. East said in reply to Mr McClelland.

At their request English drove the two men to a pie cart and it was “quite on the cards” that they called at the Royal Hotel on the way home.

And you and Pawsey bought two dozen of beer and three bottles of whisky there?—l would not think it would be quite that much.

When they got home Pawsey was a “bit sleepy” so he was tucked up in bed and English was asked to call for him the next morning. You yourself were pretty drunk at that stage?—l cleaned up after everyone had gone. I had had plenty to drink. When English arrived the next morning you and Pawsey were drinking?—Pawsey may have been, but I don’t think I was. East said that Pawsey’s departure was delayed by the arrival of a man named Fairburn, a school friend of Pawsey. He is also an alcoholic Is he not?—Yes, I think he is. East told Mr McClelland he would not say on oath that he did not have any drinks with the other two men: he might have had a couple of soz beers. By two o’clock English was getting very impatient to get away and they left about that ■ time. Liquor in Car “Besides your small son what else did you take with you—what liquor?” asked Mr McClelland. East said he did not know how much liquor was taken; Pawsey usually took some home .with him.

You drank it in the back of the taxi?—On one occasion I think I opened up a bottle of beer to keep the journey going. East said that English had objected to them drinking in the taxi so they asked him to stop. He and Pawsey got out, drank about a mouthful of beer each at the road side and “fired the bottle into a gorse hedge.” Mr McClelland: I suggest you threw it away empty? East: No. I remember throwing it away with some in it. English will say you were very drunk at that time.—l don’t agree. At English’s suggestion the whisky was placed in the boot of the taxi. East said. “I thought it was better out of Pawsey’s sight.” Counsel: And better than pouring it down your throats. They had stopbed at Leithfleld and he and Pawsey went into the hotel, said East. He had drunk only a shandy.

Why a shandy?—Because I felt thirsty. Was it not because you had already had too much?—No. I was just thirsty. You’re not suggesting that beer does not quench the thirst? —lt was a Sunday. I had to go to work the next day. They had also stopped at the Amberley Hotel where he had two beers, and they also took some Jiquor away from the hotel. About 6 p.m. they arrived at Pawsey’s farm. Is it fair to say you were Under the influence of liquor at that stage?— Me"! No, not very much. East agreed that Pawsey’s wife had not been very pleased to see him and had ordered him off the property. He denied that Mrs Pawsey had accused him in the past of encouraging her husband to drink.

Did she say she had a food 4 ■

mind to take a stock whip to you? No, I didn't hear her say that. I saw her flourishing one there.

She in fact went and got the stock whip and threatened you with it if you didn’t get off the place?—Actually we were off the place by then. East said he would not say he was perfectly sober when he left the farm, but he quite had his wits about him. Why didn’t you point out to the driver that he was on the wrong road?—l did. -He just bowled across the cross roads so fast he ignored the signpost. English was driving in a fury East added. “He thought he knew the way better than me.” East denied that English had got directions on how to get back because he (East) was too drunk to be capable of giving them. “What directions I did give him he did not take any notice of,” he said. “If he had taken directions from me we would have been on the main road to Waikari.” Medical evidence, as outlined by Mr Thomas, was given by Dr. A. J. C. Allison.