LOSS OF ARM

Press, Volume CXII, Issue 33093, 7 December 1972, Page 21

LOSS OF ARM

Award of $35,922 Damages totalling $35,922.93 were awarded to Francis Enwood Pascoe, aged 41, a welder and general maintenance man, by a jury in the Supreme Court last evening. Mr Justice Roper presided over the trial, which lasted three days. The claim arose from an accident in a timber yard on June 30, 1969, when Mr Pascoe was struck by a log which fell from a truck trailer he was unloading. Mr Pascoe was admitted to hospital, and eight days later had his left arm amputated just below the elbow.

Mr Pascoe claimed general damages of $42,000 and special damages of $6138 from his former employer, Selwyn Transport, Ltd, first defendant, and from Selwyn Casewood McVicar, Ltd, second defendant, which leases the timber yard where the accident occurred. Mr N. W. Williamson appeared for Mr Pascoe and Mr C. B. Atkinson, with him Mr G. P. F. Thompson, for the first and second defendants, both of whom denied liability. The jury found that Selwyn Transport, Ltd, through its employees, was negligent in failing to instruct Mr Pascoe in a safe method of unloading logs and in failing to supply body chains.

Selwyn Casewood McVicar, Ltd, through its employees, was found to be negligent in providing skids which were unsafe for the purposes of unloading. The jury awarded Mr Pascoe general damages of $32,600 and special damages of $6235.60. Contributory negligence on Mr Pascoe’s part was assessed by the jury at 7| per cent because of his failure to place a strop before unhooking the chains holding the logs. It was decided by the jury that 70 per cent of the damages be paid by Selwyn Transport, Ltd, and 30 per cent by Selwyn Casewood McVicar, Ltd.