Supreme Court ESTATE AWARDED £2236 IN DAMAGES CLAIM

Press, Volume XCIX, Issue 29146, 5 March 1960, Page 7

Supreme Court ESTATE AWARDED £2236 IN DAMAGES CLAIM

A jury awarded the Public Trustee £2236 13s 4d damages against the Attorney-General in a civil action concluded yesterday in the Supreme Court. The claim stemmed from the death of a man in a road accident.

Mr B. A. Barrer represented the Public Trustee, and Mr P. T. Mahon, with him Mr C. M. Roper, appeared for the AttorneyGeneral. Mr Barrer moved for immediate judgment after lhe jury had returned its verdict. Mr Mahon asked the Court for a stay of judgment and leave to apply for a new trial within 21 days. Mr Justice Macarthur entered immediate judgment for the sum awarded, with costs to the plaintiff on the lower scale, but reserved leave for the defendant to move to set aside the judgment or enter any other motion within 21 days.

The Public Trustee, as administrator of the estate of Hilbert Carroll Ward, aged 27, a proof reader, and acting on behalf of his widow, had claimed £5500 damages from the Attorney-Gen-eral, through the Ministry of Works.

It was stated in evidence during the action that Ward had been found lying on the Main North road near Chaneys corner about 3.30 a.m. near a hurdle placed at the south end of extensive road repairs being carried

out by the Ministry o? Works. A red lamp on the hurdle was not showing a light. Ward’s motor scooter was lying on the road near him.

The jury found, after a retirement of three hours that the Ministry of Works, by its employees, had not been negligent in a manner causing or contributing to the death of Ward by failing to provide adequate warning lights at the scene of the accident, but had been negligent in failing to ensure that the first warning light was properly maintained, and failing to provide a warning notice at the scene of the accident.

The jury also found that Ward had not been negligent in a manner contributing to his death by riding his motor-scooter at an excessive speed and failing to keep a proper look-out, but had been negligent in failing to exercise reasonable skill or management in the riding of his scooter. The jury found that Ward’s own negligence contributed 33i per cent, towards his death. It awarded the plaintiff £3300 damages to be reduced by onethird through his contributory negligence.

The foreman told his Honour that the jury thought the defendant should pay Ward’s funeral expenses, a sum of £55 as agreed on by counsel. The Court then entered judgment for two-thirds of £3355.