Matron’s Claim “Exaggerated”

Press, Volume CII, Issue 30288, 14 November 1963, Page 18

Matron’s Claim “Exaggerated”

(New Zealand Press Association) WELLINGTON, November 13, The claim for £20,000 damages against the board of the St. Matthew’s Collegiate School for Girls at Masterton was on an “exaggerated basis,” defence counsel, Mr N. A. Morrison, said in the Supreme Court today. Evidence was completed this afternoon and tomorrow Mr Justice Hutchison will hear legal submissions by counsel.

Myrtle Olive McFarlane, aged 54, married, of Masterton, a former matron of the school, is claiming £20,000 general and £lO3O special damages for injuries suffered when she fell from a fire escape platform at the school in October last year. The board denies negligence and claims alternatively that the accident was caused or contributed to by the plaintiff’s own negligence. Mr F. D. O’Flynn, with him Mr R. J. Graham, is appearing for the plaintiff, and Mr Morrison, with him Mr W. A Dent, for the defendant board. Mr Morrison applied for a non-suit after the plaintiff's case. He claimed it had failed to display proof of any injury suffered in respect of negligence by the defendant.

His Honour reserved his decision. Thomas Arthur Varley, a former Chief Fire Officer, said the platform of the fire escape at the school had a slippery surface that could contribute to its danger. The deck was painted with a white gloss finish. The paint should at least have been flat, so as to be nonslippery, witness said. Also, the surface should be flat, instead of having gaps between the boards that could cause a person’s toe to foul and for the person to overbalance. Witness said there was an outside light in the school grounds, in a laundry block 66ft from the fire escape. That would not provide adequate lighting at the distance.

One Child Opening the case for the defence, Mr Morrison said in her statement of claim plaintiff alleged a disturbance in the dormitory due to some pupils emerging from the fire escape into the school grounds in breach of the rules. But the facts showed that one child, because she was upset and sought the opportunity to be alone, had gone down the escape. Every witness had agreed that the dormitory was quiet and orderly. Counsel said there had been no breach of orderly

behaviour at the school which was well disciplined and conducted.

If the plaintiff had to resort to such allegations, then that was a measure by which to gauge the validity of her claim. The claim was based on negligence in that the board had failed in many respects in its duty to the plaintiff. It was on the basis of a perfect fire escape but the board was not under an absolute duty to make everything perfectly safe. The approach to the case had to be in regard to the circumstances and not the desirability or otherwise of having a perfect fire escape. There was no lack of reasonable care on the part of the board, counsel said. Report on Escape Donald Arthur Spires, secretary of the board, said the board had received a report on the fire escape from the deputy chief fire officer of the Masterton brigade, in December, 1960. It contained no requisitions. To Mr Morrison, Spires said the glass door opening on to the fire escape platform from the upstairs dormitory, when opened from the inside, forced shut the wire gate providing the opening through the surrounding railing. [lt was alleged by plaintiff that she could have stumbled over the gate.] Gillian Marjory Sellar, prefect in charge of the dormitory when the accident occurred, said she had been engaged in. looking for the girl who had broken bounds and had seen the plaintiff standing on the platform. “I saw her holding on to the railing and leaning over on an angle I was walking towards the building when I saw her, and would have been nine to 10 feet away. When I looked up the second time she had fallen.” The headmistress of the school, Sarah Grace Hoy, said that at no time was there any question of having to restore order in the dormitory. She said the surrounding lights would have cast some light on the fire escape platform.