Damages to driver

Press, Volume CXVI, Issue 34083, 21 February 1976, Page 7

Damages to driver

(From Out Own Reporter) NELSON. A 65-year-old former truck driver was awarded a total of $14,494 in damages by a jury in the Supreme Court at Nelson. i The action was brought by Trevor Clifford Bright against : the Nelson Harbour Board, i the employer of a forklift [driver who. Bright alleged, negligently dislodged timber i while Bright was loading a ! truck in September, 1970. Bright had to jump from the truck, and badly injured his heels. ; Mr Justice O’Regan entered I.judgment for the plaintiff, I with costs. I Bright was represented by[ (Messrs B Atkinson. of I ; Christchurch, and A. Beatson, and the Harbour Board bv! IMr H W. Riddoch i Bright, who had claimed . $lO,OOO general damages. was| :i awarded $8625 by the jury,' I Which assessed that his negli-l jgence in remaining on the; ■ truck when timber was being) ■ loaded contributed to the I iaccident to the extent of six: i per cent. ; The jury also awarded him $6700 for loss of wages, and $95 medical expenses. The award was reduced by 6 per cent because of contributory negligence. The forklift driver, Mr Max Taylor, was held by the jury to have caused the accident by moving timber with a forklift to an unstable position, by dislodging a piece of timber, thereby endangering the plaintiff, and by fail- • ing to ensure that the! plaintiff was in a position of i safety before moving the 1 timber.