Suing The Unidentified

Press, Volume CIV, Issue 30849, 7 September 1965, Page 15

Suing The Unidentified

(N.Z. Press Assn. —Copyright)

SYDNEY, Sept. 6. A man who says injuries in a hit-and-run accident have made him “walk and look like Frankenstein” will sue for damages even though he does not know the car driver’s identity. He is Frederick Holden Mayes, aged 39, single, who will sue a party known as “the nominal defendant." Mayes’s story came to light on Thursday in quarter sessions when a judge gave him a bond on a burglary charge. Judge Cross was told Mayes began a life of crime when he could not get a job because of his facial appearance after the accident five years ago. The Judge said that Mayes now had the permanent appearance of a man affected by liquor.

Now, vowing that his career of crime has ended, Mayes said he would try to start a new life “in spite of the fact that I look like Frankenstein.”

After the publicity of his case, Mayes was toll' of a little-known law which said that the victim of a hit-and-run motorist has the right to recover damages for personal injuries, even though the motorist is never identified. “I never knew about this law before—that's why I haven’t taken steps before this to sue.” Mayes said. “If I had known, it could have made all the difference to my life.” A Sydney barrister confirmed today that Mayes was entitled to sue.

“Under third party legislation, this man must sue a party known as ‘the nominal defendant’,” the barrister said.

“If Mayes is successful in his claim, compensation is paid to him from a fund established by insurance companies.

“Before issuing any writ, Mayes is required to make reasonable inquiries to locate the missing motorist. “Normally, notice of action for damages has to be given within three months of the accident. ‘The law provides, however, that in exceptional circumstances, extension of time can be granted by the Supreme Court.” The first case to be heard in New Zealand involving a “nominal defendant" is at present pending in Christchurch. Under amendments to the Transport Act the new law has just come into force. The “nominal defendant” is represented by the general manager of the State Insurance Office. There is no limit to the amount the Court may award against a “nominal defendant.” Before the amendments the legalities were determined by a system of arbitration. The plaintiff nominated an authority and the insurance companies did likewise, and a magistrate presided.