CLAIM FOR £2500

Dominion, Volume 24, Issue 265, 5 August 1931, Page 13

CLAIM FOR £2500

Injured by Motor-Van BARONET TAKES ACTION A claim for £2500 general damages and £347/15/11 special damages was brought in the Supreipe Court yesterday before Mr. Justice Blair and a jury by Sir Kenneth Douglas, Bt. (Mr. Cornish and Mr. James) against the Victoria Laundry Company (Air. Leicester), arising out of an accident at Newtown on July 28 last year. The statement of claim said that the accident occurred at the corner of Iliddiford and. Constable Streets shortly before eight o’clock in the morning, when Sir Kenneth Douglas was knocked down by a motor-van driven by an employee of the defendant company. ■ Plaintiff was about to catch a car for Courtenay Place and was crossing the road when he was knocked down. It was alleged that the accident was due to the unskilful and negligent driving of William Albert Weldon, the driver of the van. Severe injuries had been caused, and the plaintiff was a patient at Wellington Hospital for a fortnight and afterward at Bowen Street. He. later had to return to Wellington Hospital for a bone-grafting operation, being there from February 21, 1931, to June 3. He was still receiving medical and nursing attention, and had been advised that he would be partly permanently incapacitated. His clothing was damaged, and his practice as a barrister and solicitor had suffered, and would suffer, substantial loss. The defence, denied negligence on the part of the driver of the van and pleaded contributory negligence, alleging that by the exercise of ordinary and reasonable care the plaintiff conld have avoided the accident. Medical witnesses were called to show that plaintiff’s left leg would be one and

a quarter inches shorter than the other as a result of the accident. His voice had been affected by an injury to the larynx, and his condition for some time after the accident had caused grave anxiety. Plaintiff said that he had looked to see if the road was clear, and the van had not passed the tram, but on proceeding over the road the van suddenly struck him in the face and threw him a couple of feet. He had only been able to attend to his business lately for a short time daily, and he would say that £5OO would not cover the loss sustained in his profession, which was mainly in connection with land transactions. To Mr. Leicester plaintiff said he was not aware that the claim was increased by £5OO the previous night. He left it to his lawyers, but it would not pay him if he got £lO.OOO damages. He may have walked at the back of a north-bound tram at the time, but not with his head down, for he was in the habit of walking with his head up. Witness hnd no ■ recollection of saying, “Let the driver go. Don’t blame him. It was not his fault.” The hearing was adjourned until this morning.