£4846 Damages Awarded In Accident Claim

Press, Volume CII, Issue 30289, 15 November 1963, Page 17

£4846 Damages Awarded In Accident Claim

A jury in the Supreme Court yesterday awarded £4846 damages to a storeman, Ivan John Henry McMillan, after four hours and three-quarters in retirement. McMillan claimed £5OOO general damages and £2450 special damages from Crosbie William Bryce Russell for injuries sustained in an accident between his motorcycle and Russell’s car in Harewood road on August 13, 1961. The jury found that Russell had been guilty of negligence in that he failed to signal his intention to turn, failed to keep a proper look-out and failed to ascertain that the way was clear before turning. The jury’s full award was £6461, but this was reduced by 25 per cent, the propor-’ tion to which the jury decided that McMillan’s own negligence had contributed to the accident. The jury found that McMillan had contributed to the accident by failing to keep a proper look-out. Mr Justice Wilson entered judgment for the amount of the award. Mr B. A. Barrer appeared for McMillan and Mr R. P. Thompson, with him Mr J. F. Burn, for Russell. On Wednesday the plaintiff and his pillion passenger gave evidence that Russell’s car had cut in front of them from the left-hand side of the road to make a turn into a side street on the right. They alleged that Russell gave no signal of his intention to turn. Yesterday’s first witness was Rex Blunden, an orthopaedic surgeon. He said that when McMillan was admitted to hosptial after the accident his left thigh bone was shattered into many small pieces, some of which were missing. As a result of this injury the plaintiff had an almost completely stiff knee joint, and was 35 per er-.t disabled

in the left leg, said Blunden.

Russell, aged 58, a warehouse supervisor, said that he was driving down Harewood road to visit relatives in Sail : -eet. As he approached Sail street he braked, gave a clear signal with his hand, and moved into the centre of the road. He was just about to make the turn when he felt the impact of the motor-cycle striking his car on the right side. He had looked into his rear vision mirror but saw no traffic behind him, said Russell.