Supreme Court Severe Injury Described In Accident Claim

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

Supreme Court Severe Injury Described In Accident Claim

In a motor accident in 1961 a man’s leg had been injured to such an extent that a bystander had collected small pieces of bone from the leg off the road and handed them to a police constable in case they were needed, a jury in the Supreme Court was told yesterday. The injured man, Ivan John Henry McMillan, aged 48, a storeman, was claiming £5OOO general damages and £2490 special damages from Crosbie William Bryce Russell, driver of the car which struck McMillan’s motorcycle. Mr B. A. Barrer is appearing for McMillan, and Mr R. P. Thompson, with him Mr J. F. Burn, for Russell. Mr Justice Wilson is on the Bench. Opening the case for the plaintiff, Mr Barrer said that in the afternoon of August 13, 1961, McMillan was riding his motor-cycle west along Harewood road. He had a Mrs Lindoss as pillion passenger. When the motor-cycle was close to the Sale street intersection, the defendant’s car moved out from the side of the road and attempted to turn into Sale street. Mr Barrer told the jury that neither McMillan nor his passenger saw any signal from the motorist who pulled out in front of them. The motor-cycle swerved but was unable to avoid the car. The plaintiff suffered very severe injuries including a compound fracture of the left leg. He also suffered severe

shock, and was in hospital for 108 days. For a year McMillan was unable to walk without crutches and he was unabel to return to work for 16 months. Mr Barrer said McMillan’s left leg was now so stiff that he had to proceed backwards when moving down stairs. It had been estimated that McMillan’s inability to carry out his previous job in the freezing works would cost him about £7 a week in wages for the rest of his working life, counsel said. The plaintiff and his passenger gave evidence of the accident. He was travelling at a reasonable speed and saw no signal to indicate that the car was about to turn in front of him, said the plaintiff. Constable A. De Kort said that he came upon the scene a few minutes after the accident. A bystander had collected three or four small pieces of bone and asked him what should be done with them. Bone was protruding from the wound in the left leg, said the constable. Neville Frederick Parris, a hospital technician, said that he was near the corner of Hare wood road and Sale street at the time of the accident. He saw the motorcycle and the car coming towards him, the motor-cycle in the middle of the lefthand side of the road and the car moving very very slowly well to the left side. He thought that the car was moving from a parked posi-

tion or was about to stop. He saw' no signal from the motorist, said Parris. The position of Russell's car on Harewood road did not indicate that he might be about to make a righthand turn, the witness said. The hearing will continue today.