Claim For $12,200

Press, Volume CIX, Issue 32118, 14 October 1969, Page 11

Claim For $12,200

When he hit the front mudguard of a car he remembered flying over the bonnet and looking at the surprised expression on the driver’s face, Anthony Adey, a storekeeper, told a jury in the Supreme Court yesterday. Mr Adey was giving evidence before Mr Justice Macarthur and a jury of 12 in a claim for general damages of $lO,OOO and agreed special damages of $2201, for injuries suffered in an accident involving Mr Adey on his motor-cycle and Margaretta Evelyn Murray, a housewife, driving a car, at the intersection of Heaton Street and Strowan Road on October 1, 1966. Mr G. H. Gould, with him Mr S. R. Mating, appears for Mr Adey. Mr R. P. Thompson, with him Mr C. B. Atkinson, appears for Mrs Murray. Medical evidence was given that Mr Adey suffered a fracture of the left lower Jeg and multiple lacerations “of the left thigh. He later had a skin graft to replace dead skin. Mr Adey said he wasTlding his motor-cycle south on Strowan Road about midday on October 1. As he approached the intersection of Heaton Street at 26 miles' an hour he saw a car move Newly from Heaton Street when he was 60 or 70ft away. He struck the car and was thrown across the bonnet, landing on the road. He said when questioned by Mr

Thompson that the driver of - the car did not look to the : right or appear to see him. He : denied travelling at an excesi sive speed. Mr Adey said he was in • hospital for six weeks. He returned to work as a welder ■ for about a year but lifting - and moving heavy objects caused his knee to be sore and his ankle to be sore and swollen. He later took on a mixed dairy and fruit business. Marilyn Fay Moir, a schoolteacher, said she was cycling in Strowan Road approaching Heaton Street when Mr Adey went past on his motor-cycle travelling at a normal speed. She saw a grey car move out of Heaton Street and a col--1 listen occur. Opening the defence, Mr . Atkinson said it was obvious that the intersection was dan- ’ gerous. He said that Mrs ■ Murrey would say that she stopped at the stop sign, but had to move further into the intersection to see along Strowan Road. She would say that toe saw ; a motor-cyclist on her right i riding “pretty close in” to the kerb. He submitted that Mrs ’ Murray's standard of driving ; was reasonable, toe did all . that toe should have, and the r real cause of the accident was Mr Adey’s own actions. Mr Atkinson completed Ms , opening remarks and the case i was adjourned until this ■ morning.