Reserved decision on $940,000 claim

Press, 26 July 1979, Page 7

Reserved decision on $940,000 claim

Nelson reporter Decision has been reserved by Mr Justice Ongley on a motion for a non-suit in a case in which a man injured in a forklift accident is claiming $940,974 from a packing company in the Supreme Court, Nelson. Upon the completion of evidence for the plaintiff, George Morgan, aged 37, counsel for the Waimea Growers Co-operative, Ltd (Mr A. J. Doouge) submitted that no evidence whatever of the company’s negligence had been proved and he asked for judgment. Mr A. P. Willy and Mr B. R. Smythe appear for the

plaintiff, and Mr Doogue and Mr E. P. McNabb for the defendant company. Mr Morgan’s claim is based upon a leg injury he suffered while driving a forklift on March 3, 1974, in the yard of the defendants. He alleges that on that date he was instructed to drive I the vehicle in a yard which had an uneven and pot-holed surface and was affected by metal and a layer of old engine oil. I He alleges he had not dri- | ven the vehicle previously, had received no instructions in the use of it, nor was there available a manual or other written instructions on 'its use.