SUPREME COURT Damages of $26,000 for injuries

Press, Volume CXV, Issue 33773, 20 February 1975, Page 5

SUPREME COURT Damages of $26,000 for injuries

Damages totalling $26,047 were awarded to Lindsay John Clarke, aged 28, a car

1 waxer, by a jury in the Supreme Court yesterday for - injuries he suffered when struck by a car in Springs Road on September 30, 1967. Mr Justice Macarthur, who presided over the trial which began on Monday, i entered judgment for that amount. Mr Clarke claimed general! damages of $40,000 and spe-i cia! damages of $7559.69! from Alan James Hayston, a market manager, the driver | of the car which hit him. Mr ! Hayston denied liability. Mr C. B. Atkinson apI peared for Mr Clarke and; . Messrs 1. J. D. Hall and D. iJ. R. Holderness for Mr! ;■ Hayston. fi The jury took two hours -jto reach its verdict. >; The jury found that Mr ; Hayston was negligent in a [ i manner causing or contribj uting to Mr Clarke’s injuries ,iin that he failed to keep a proper look-out and in failing to stop, slow down, or ,’steer clear. General damages J of $25,000 and special dam- : .ages of $7559.69 were 1 r awarded to Mr Clarke. It was held by the jury’: 5 that Mr Clarke was negli-- ,• gent in a manner causing or. i contributing to his injuries t in failing to keep a proper look-out. standing on a road s>near an unlighted motor-1 r,cycle, and in failing to get; I, I out of the way of Mr Hay-; . ston’s car as it approached.' . Mr Clarke’s responsibility: difor the accident was as-1 Isessed at 20 per cent.