Supreme Court MALAYSIAN STUDENT CLAIMS $9500

Press, Volume CIX, Issue 31942, 20 March 1969, Page 8

Supreme Court MALAYSIAN STUDENT CLAIMS $9500

A Malaysian student at Otago University. Voon Hee Lin, aged 20, suing through his guardian ad litem, Robert Ellett Brace, a company director, claimed general damages of 89500, in the Supreme Court yesterday, from lan Robert George Clarite, a ranger, of Waipara, because of a motor accident at Waipara almost two years ago. Mr Justice Wilson was on the Bench. Mr J. G. Leggat appeared for the plaintiff and Mr C. B. Atkinson for the defendant.

The claim, which is being heard before a jury of nine men and three women, will continue today. Mr Leggat said that on March 23, 1967, after leaving the ferry at Picton, Mr Lin had travelled south on his motor-cycle with a pillion passenger. At the intersection of the main highway and Johnston Street, Waipara, Mr Lin’s motor-cycle and Mr Clarke's car collided and Mr Lin had been seriously injured. Mr Lin’s capacity to lift with his left hand, was limited, he had disfiguring scars to a leg, four areas of mild disfigurement on his face and damage to ligaments of his left knee. He had also suffered severe dental injuries. After coming to New Zealand, Mr Lin had studied at Wellington College and was admitted to university. After the accident he had suffered headaches which had distracted him from his studies, and he failed his units in the first year and some in his second year. The result was that the authorities threatened to terminate his studies. Mr Lin, in evidence, said that when he tried to study for more than a few hours he developed headaches. He had been a Wellington pro-

vincial junior badminton representative in 1966, but because of the knee injury he could now play badminton only socially. He showed the jury disfigurements. He did not remember the accident, he said.

Sydney Shelford Lavery, a bus driver, said that he had seen the two on the motorcycle about four times as he travelled south. The motorcycle’s headlight was working about 12 miles north of the scene of the accident, and the motor-cycle was being ridden correctly, at a speed of between 35 and 40 m.p.h. Dr S. M. Cameron, an orthopaedic surgeon, said that Mr Lin had suffered multiple injuries which were painful. John Warwick Ashby, a dental practitioner, said the pain from injury and treatment for dental injury would have been very severe. Constable Harold White said Mr Clarke had said that when he began his turn into Johnston Street he had not seen any sign of the motorcycle. Mr Clarke had admitted cutting the corner and had also said he did not think the motor-cycle had had a light. The collision had occurred on the motorcyclists’ correct side of the road.

Loh Peny Kwan said he was the pillion passenger on Mr Lin’s motor-cycle. He had seen the car turning toward them just before impact. Both vehicles had their headlights on.

Mr Atkinson said that the defendant denied he had been negligent but rather said the motor-cyclist had caused the accident in failing to display a light and in failing to observe the defendant turning into the intersection. lan Robert George Clarke, said that as he approached

' the intersection he had steadied, used his turning blinkers and allowed oncom ing traffic to pass. Then he had begun his turn when out of the blue he had been hit. He had not seen the motorcycle or its light before impact. If there had been a light on the motor-cycle he could not have missed seeing it.