Supreme Court Driver’s Evidence In £15,000 Claim

Press, Volume XCVIII, Issue 29068, 3 December 1959, Page 9

Supreme Court Driver’s Evidence In £15,000 Claim

The driver of a taxi which crashed over a bank in Pyramid Valley, killing a five-year-old boy and causing severe head injuries to the child’s father, admitted in the Supreme Court yesterday that he had accelerated past a “Dangerous. Slow” sign just before the accident.

The driver, Douglas Alexander English, was being cross-examined during the hearing of a claim by the injured man, John Sutherland East, a shoe designer, for £15.000 general damages. > East is seeking the damages from English, and the owner of the taxi, Allan Palmer Boyle. The hearing, which is before Mr Justice Macarthur and a jury, began on Tuesday and will continue today.

East is represented by Mr H. S. Thomas, Boyle by Mr R. A. Young, with him Mr P. G. S. Penlington, and English by Mr B. McClelland. East alleges that the accident was caused by the negligence of English. James Keith Davidson, a surgeon, said that East had completely lost the sense of smell as a result of his head injury. The onset of his fits had coincided with the insertion of an acrylic plate in his forehead to protect his brain. The fits were caused by the pressure of the plate on the membrane covering the brain. At present East was working in a “protected” capacity: when he was forced to take time off after his fits his work was carried on by someone else. Mr Davidson said that over the last two years and a half he had noticed a definite change In East’s personality; he was now more depressed and subject to sudden outbursts of temper, during which he sometimes tended to assault his wife. “Fits Will Continue” He was likely to continue having fits, which to some extent would be controlled by the drugs he was now taking and would have to take for the rest of his life. Although East would be able to carry on working in a protected position, on the open labour market it was doubtful if he could be employed continuously, said Mr Davidson.

He was doing a skilled job in which he could have gone a long way, but he had lost a good deal of initiative and concentration and would remain in that condition for the rest of his life. Similar evidence was given by Dr. J. F. Landreth. Constable G A. Stevens, of the motor accidents inquiry office of the Central - Police Station, said that it appeared from marks on the road at the scene of the accident that the car had broadsided. This indicated that it was travelling too fast for that type of bend. Hector McPherson, factory manager of Suckling Brothers, Ltd., said that East now had to have considerable help to carry out his job as pattern cutter and designer. He worked under a continuous strain which took quite a lot out of him, and he took a lot of time off. If he were to go outside the company East would not be able to hold down that particular job, said McPherson. He had no chance of advancing in his job unless his condition improved. If he had remained a fit person he would have had every prospect of earning up to £2OOO a year. At present East had to be “carried” by other executives of the firm.

McPherson agreed with Mr McClelland that East, who was a son of a former managing director of the firm, was assured of his job if his health remained in its present condition. Mr Young called no evidence on behalf of Boyle. Case For English Opening the case for English, Mr McClelland said it was not denied that East had suffered very grievous injuries indeed. English would say that events started at 6 p.m. on the Saturday when he was instructed to collect East’s friend, Pawsey, from the Papanui Hotel and drive him to Hawarden. Arriving at the hotel he found both Pawsey and East drunk. -

Pawsey was not fit to travel to Hawarden that evening and English was told to call for him at East’s home the next morning. When he arrived there at 11 o’clock the next morning both men were drinking and were again drunk, English would say.

They were still drunk when he drove them and East’s son from the house at 2 pin., and started drinking again in the back of the taxi. They were spilling liquor in the car so he stopped and asked them to put it in the boot. On the way to Hawarden two hotels were visited at which liquor was drunk by East and bought by Pawsey. At Waikari East and Pawsey called on Dr. Meaclem, as Pawsey had hurt a finger, and took a bottle of whisky in with them. The doctor would say they were both drunk. English would say that Mrs Pawsey was “very cross” when they arrived at Pawsey’s farm, said Mr McClelland. She said that East had been told before that he must not come to the farm and that he was a bad influence on her husband. When she threatened to take a stock whip to East English had re marked: “That suits me, I haven t been able to do anything witr them.”

East had left in such a hurr\ that the liquor was not unloads from the taxi.

Earlier English had made th< remark that he had promised h:s wife he would be back in towi by 7 p.m. He had said this onlto hunry up the two men. Ai that stage he was fed up wilt their behaviour, said Mr McClelland. Leaving Hawarden, English nab taken the wrong road, Mr Me Clelland said. East was so drunk that he did not know what was going on. English had driven along this road for about four miles, went up a hill in second gear, and about 250 yards froih the top he had to drive round a sharp bend. He was going at a compartively slow speed. Went Into Skid As he turned a corner beyond the top of the hill the back wheels of the taxi started to slide. He tried to drive out of it, but the taxi went out of control and ran off the road and down the bank. Mr McClelland said that EngHsh considered that .East was

incapable of forming any opinion or what was going on because he was too drunk.

A farm labourer who was working jn a nearby field at the time would say there had been nothing unusual about the speed of the taxi just before the accident

Dr. C. Gresson said in evidence that he did not agree that the plate inserted in East’s head gave rise to any pressure on his brain. He considered the epilepsy was due to the scarring which followed the operation to insert the plate. When he had examined East in June this year the fits were recurring about every four months, They were “full-blown” fits, and would continue, but seemed to be fairly infrequent. Dr. Gresson said he found nothing to suggest that East’s intelligence was below normal. He complained of a bad memory but tests showed that his memory was perfectly adequate. The witness said he believed East’s complaints were due more to anxiety neurosis than to brain damage. If this was so a considerable degree of improvement would probably take place over a year or two, after the Court proceedings had been settled. His disability at work was due more to this neurosis than to organic damage to his brain, said the witness.

“I felt that he would be able to hold his job, but was unlikely to advance much further in it I don’t see much justification for fearing that he will get worse. In fact I would expect him to improve once these proceedings are completed.” He did not think East was in any danger of a mental breakdown, Dr. Gresson said. Defendant’s Evidence English, in evidence denied that East had spoke to him about his driving a few minutes before the accident. To Mr Young English said he had been driving taxis for five years, and that this had been the worst job he had ever struck. Cross-examined by Mr Thomas, English said he had accelerated to the top of the hill. He admitted that before the top of the hill was a sign reading “Dangerous. Slow. Keep left.” Did you slow down —I wasn’t going fast. I was doing only about 25 to 30.

You accelerated to the top of the hill?—Yes. Did you see the sign?—l can’t remember, but I probably did at the time. When you got to the top of the hill what did you see?—A bend. Did you think you could get round it? —Yes. You had to start turning the bend almost immediately you saw it when you got to the top of the hill?—Yes. Isn’t it the position that you failed to take notice of that sign? —I don’t remember it. And you were going too . fast when you came on to the corner? —I was not going too fast. There was nothing wrong with the taxi?—No.

Then why did you run off the road?—Because I went into a slide and hit a bump.