SUPREME COURT Jury Awards $3844 To Pillion Passenger

Press, Volume CVII, Issue 31522, 9 November 1967, Page 16

SUPREME COURT Jury Awards $3844 To Pillion Passenger

A jury in the Supreme Court yesterday, urged by Mr B. McClelland “not to be prejudiced against young men with motor-cycles,” awarded a pillion passenger, lan Kenneth Winchester, an apprentice carpenter, $3844 damages for injuries suffered in a collision between a motor-cycle and a car in Avoca Valley Road, Heathcote, on March 9, 1965.

The claim was brought against Stanley Albert Radcliffe, a retired watersider (Mr R. P. Thompson), the motorist involved in the collision. The award of $3844 to Mr Winchester comprised $2500 general damages and $1344 special damages agreed on—with the jury assessing a contribution of $1345 (35 per cent) payable by the rider of the motor-cycle, Timothy Langton Wenmoth, an apprentice mechanic, joined as a third party. Mr Justice Wilson entered judgment accordingly. For the plaintiff, Mr J. G. Leggat, in his address to the jury, had submitted that the accident was caused by Mr Radcliffe backing his car out of a driveway on to the narrow road, without looking for the traffic. “He shouldn’t have done it—but he did, and there was an accident,” Mr Leggat said. Evidence Criticised

In an attack on Mr Radcliffe’s evidence. Mr Leggat said that his story of the motor-cyclist running into him from behind, “ramming” him, would suggest that the rider was “either blind or crazy.” Mr Leggat said that under cross-examination Mr Radcliffe had, in 15 lines of type-

script, completely changed his story, and his evidence could not be accepted, “even if he were telling the jury what day of the week it was.” Mr McClelland, for Mr Wenmoth, joined by the defence as a third party, submitted that he had been placed in danger through no fault of his own, through Mr Radcliffe backing his car out from the driveway. “He had no reason to suspect that the motorist had not seen him, and would not give way to him—and, ladies and gentlemen, isn't that what every one of you would expect as you drove along the road?” Mr McClelland said.

Some people were prejudiced against young persons, and some against motorcycles—or against both, said the jury not to allow itself to be prejudiced against young men with motor-cycles. Messrs Wenmoth and Winchester were both “decent young lads,” who had told the truth. “In No Way Careless” Mr Thompson submitted the jury should find Mr Radcliffe in no way careless. He had reversed out of the driveway, and backed up the road, as every motorist did, and then when driving off was struck from behind.

The jury, in its verdict,

held Mr Radcliffe negligent in reversing his car on to the road when the motorcycle was approaching and in failing to keep a proper lookout, but absolved him from reversing at excessive speed or failing to stop or steer clear when the accident was imminent. Adjourned Petition A petition to wind up the steel-fabricating firm of F. W Matthews, Ltd, Marshland Road, brought by Campbell, Hamann and Partners, consulting engineers (Mr K. A. Gough), was further adjourned for one week by Mr Justice Wilson in the Supreme Court yesterday. Mr B. S. McLaughlin appeared for F. W. Matthews, Ltd Petition Dismissed A petition for the winding up of Kendal Lodge, Ltd., hotel and motel proprietors, was dismissed, a debt to the petitioning firm, Amalgamated Tele-Hire (N.Z.), Ltd, (Mr N. D. Thompson) having been I satisfied.