Supreme Court Evidence In Claim Of £l70 And Counter Of £9000

Press, Volume CI, Issue 29855, 22 June 1962, Page 16

Supreme Court Evidence In Claim Of £l70 And Counter Of £9000

Medical evidence that a logging contractor was permanently disabled in a collision on the Rakaia-Methven highway in 1959 was given during the continued hearing of a damages claim in the Supreme Court yesterday.

Mona Elaine Smith, a married woman, of Highbank (Mr G. S. Brockett, with him Mr C. B. Atkinson) claims £l7O damages from Francis Archibald Bellman Ward, aged 48, a telephone operator (Mr J. C. Leggat, with him Mr G. R. Lascelles). Ward counter-claims £9OOO general damages for personal injury.

The accident in which Ward was injured happened at the intersection of the Lauriston-Bar Hill road and the highway on July 6, 1959. Mrs Smith’s claim is for damage to her car. William Dent said in evidence that he was driving a lime-sowing machine between Rakaia and Methven when Ward’s truck overtook him. He was travelling about 40 miles an hour, and he estimated Ward’s speed at 45 miles an hour. He said he saw Mrs Smith’s car stop about one foot over the bitumen strip at the intersection. Ward’s truck swerved to one side, and he thought the end of the tray caught the front of Mrs Smith’s car, dragging it across the road.

To Mr Leggat, the witness said that lime-sowing machines were restricted to a speed of 30 miles an hour. In his opening address to the jury, Mr Leggat said that Ward was a logging contractor, with a • net income of £1250 or better, before the accident. He would say that he slowed before the intersection and then saw Mrs Smith’s car, which did not stop. He had expected it to stop and yield him the right of way. He would say he braked momentarily, but realised that .that would result in a broadside-on collision, so he accelerated in the hope that he would get across. He very nearly succeeded. As well as cuts and abras-

ions, he suffered a grave compound fracture of both bones in the lower left leg, dislocation of the left knee, and shattering of both kneecaps. Ward was now left without the slightest prospect of undertaking his old employment, or any physical employment. He was compelled to wear crutches, and it was almost certain that he would develop arthritis. James Leslie Will, an orthopaedic specialist, described Ward now as “rather like a remnant of material that comes up for sale as an odd lot,” and as a man only able to be used in employment under special conditions. The witness said that Ward's left leg was permanently disabled, and a knock could cause ulceration. His right leg would undoubtedly set up arthritic trouble, and his knee-cap might have to be removed. Any further surgery would be rather hazardous.

He said that Ward would be very foolish to try to walk on the street without crutches. He had two very disabled legs, with definite arthritis developing in both knees and one ankle. There was a definite risk of further injury he had only to fall once to break his leg again. Charles Graham Reilly, a consulting physician, said

there was unlikely to be any further improvement in Ward's condition. Faulty weight-bearing on his legs would cause arthritis to increase, and he also faced ulceration of the leg. Ward said in evidence that he reduced speed from 45 miles an hour to 40 miles an hour, about three chains from the intersection, and continued to slacken speed because he had seen a car about to move on to the Highbank road from a farm property. He said he was travelling between 30 miles an hour and 35 miles an hour when he reached the intersection. He did not see Mrs Smith’s car until he was practically on the intersection because of trees at tire comer. He braked, then accelerated and swerved to the right. During that move the vehicles collided. Ward said he was positive that Mrs Smith’s car was not stationary at the time of the collision. Ward said that his truck was hit" behind the cab on the tray. It slewed round, and he lost control. He remembered nothing more. His truck was hit at the rear of the tray. Ward said that the accident had affected his entire life in his work and his leisure. His income was reduced from £l2BO a year to £720, and he could no longer go tramping and shooting as he used to.

Mr Justice Ma earth ur adjourned the hearing to today. .