Supreme Court £945 DAMAGES FOR WOMAN CYCLIST

Press, Volume CII, Issue 30154, 11 June 1963, Page 10

Supreme Court £945 DAMAGES FOR WOMAN CYCLIST

A jury in the Supreme Court yesterday awarded a woman cyclist £945 damages for injuries suffered in a collision with a power-cycle last year. The jury’s full award was £9OO general damages and £95 special damages, but these figures were reduced by 5 per cent., the jury's estimate of the contribution of the plaintiff's own negligence to the collision. Maggie Hunter, a widow, aged 56. claimed £lOOO general damages and £95 special damages from Donald McLean Ferguson, a student, aged 22. She alleged that Ferguson was negligent in allowing his power-cycle to strike her bicycle from behind in Hagley avenue on March 30. 1962. Mr J. G. Leggat appeared for the plaintiff, and Mr P v G. S. Penlington for the defendant. Mr Justice Macarthur was on the bench. Plaintiff’s Evidence

The plaintiff said in evidence that about 9 a.m. on March 30, 1962, she was cycling in Hagley avenue towards town. Shortly before she reached Selwyn street she heard a power-cycle behind her. Then her cycle was struck from behind, and she was thrown to the ground. She suffered severe concussion and spent eight days in hospital. After leaving hospital she suffered severe headaches. These were now diminishing in frequency. Her duties as a housekeeepr had been restricted by these and by an injury to her right hand. This injury, which has worsened since she left hos-

pital, kept her hand bent so that it could be neither straightened nor closed. She was cycling about 6ft from the left kerb and had made no change of direction just before the accident, the plaintiff said. The defendant visited her in the hospital, and, when she commented that he must have been speeding, he replied that he was not speeding, but was travelling fast. Only the rear wheel of her cycle was damaged, the plaintiff said. George Mclntosh Bennett, a cycle shop proprietor, said that he had to ftt a new rear wheel to the pteintiff’s cycle. The damage suggested to him that the cycle was struck from the rear. Alice Elizabeth Hulston said that she visited the plaintiff at the Princess Margaret Hospital on one occasion when Ferguson was present. She heard Ferguson say that he might have been going fast at the time of the accident. Defendant’s Evidence The defendant said that he was travelling to the university on the morning of the accident. He first saw the plaintiff when she was about 120 yards ahead of him as he turned into Hagley avenue. He overtook her and when about 15 yards behind he pulled out to pass her. When he was about three feet from the plaintiff she veered suddenly to her right. He braked, but could not avoid a collision. ■ When he visited the plaintiff in hospital several days later, he made no remarks about his speed, the defendant said.