Supreme Court Pillion Passenger Claims £642 From Motorist

Press, Volume CI, Issue 29797, 13 April 1962, Page 13

Supreme Court Pillion Passenger Claims £642 From Motorist

W Hankino Paurini. aged! '3. a roller driver <Mr A. D H "..nd’, claimed £550 gen- . -ai damages and £92 8s 3d - damages from Brian b>. d Taylor, a workman Mr J. F. Bum’, in the S-ipre. e Court yesterday. T;.e claim arose from an accident at the intersection of Colombo » _ eet and Moor--juse avenue at 6 pm. on Sunday, July 16. 1961. when Paurini. a pillion passenger a motor-scooter, had his kle broken in a collision v th a car driven by Taylor. Paurini, suing through his c ardi-n. William Stevens n. alleges that Taylor was : gligent in failing to give l ay to the right, failing to keep a proper lookout, ravelling at an excessive -ecd. and failing to take adequate steps to avoid a

Taylor denies negligence "d claims that Graham T yce Rickerby. the driver ‘he motor-scooter, was cligent in the same way d also failed to show a ■adlight in the dark and le a motor-scooter when, ause of a consumption of •hoi. he was unfit oerly to manage it. T.iylor also claims that rini was negligent in rid- ; as a passenger when he nd have known that " kerby was unfit to manage ‘he machine. Mr Holland said that Paur had not been perman'v affected in any way by On the question of intoxior. Mr Holland said that E ckerby had had only one - M-s of beer before the accidy.t Paurini had had more. even if both were in- • x -ated it made no differe ice to the right-hand rule. Plaintiff's Evidence Paurini said in evidence he had been drinking at sister's house on the 'Vinoon of the accident and ■ to buy more beer at a • 1 He carried three half- - on jars—two in a case and e in his coat pocket, which had enlarged for the purHe said that Rickerby was r t in anv way affected by ' quor. and the scooter’s light ""■« shining as they drove d wn Colombo street. To Mr Bum. Paurini said he also had a bottle of port is his breast pocket at tne me. “It was for me." he said “I used to drink port” Rickerby said in evidence • at on the way up Colombo street he noticed that his 1 mt was flicking because he h id the switch in the wrong position. He remedied this. He saw Taylor's car on his left letting the line of traffic pass, and then it moved foruard and hit him. Rickerby «aid that Taylor

toid him after the accident t<iat J he would say his light had been off. he would say nothing about the beer. “I said I didn't know." sa:d Rickerby. “I was pretty shaken up at the time.” Defendant's Evidence

Taylor said in evidence that -t was dark and visibility was poor He stopped to let traffic pass on his right. He could see nothing more coming, and had begun to roll forward when he heard a thump. He had moved only 3ft or 4ft when the collision ocurred with the motor-scooter. He had not seen the scooter at all He said uiat Rickerbv admitted to him -hat hfs lights were faulty Rickerby then demonstrated to him by starting the scooter and then tapping the light to make it work

“I said I wouldn't say anything accut t<ie beer because I knew they were under 21." Taylor said ‘‘l didn’t suggest anything about what he should say about his light." The hearing was adjourned by Mr Justice Macarthur until tnis morning.