OVER £l000 DAMAGES

Dominion, Volume 25, Issue 275, 16 August 1932, Page 10

OVER £l000 DAMAGES

Jury’s Award to Taxi-driver STRUCK BY MOTOR-TRUCK Dominion Special Service, Auckland, August 13. A motor accident which occurred in Symonds Street on February 23, 1932, was the subject of a claim for damages heard by Mr. Justice Herdman and a jury in the Supreme Court. Plaintiff was Michael Walter Karews, of Morningside, taxicab driver, who took action against Arthur S. Holton, of Mount Roskill, truck driver. Karews claimed as compensation for injuries £2OOO general damages, and £lBO special damages, included in which was £l4O for loss of employment. Karews had just got out of his taxi when he was struck by a truck driven by the defendant. His left arm and jaw were fractured, and his<face severely injured, with the result that he had lost the use of his left eye. He alleged that the accident was due to defendant’s negligence and unskilful driving. Defendant denied negligence, and alleged against Karews contributory negligence in that he failed to keep a reasonable look-out and exercise due care caution, and that he crossed the street in a negligent manner. Plaintiff’s Evidence. Plaintiff said that when he stopped his car it was about 1 p.m. on a fine day. He looked in his mirror for approaching traffic and stepped out of the driver’s seat with a view to crossing the street. Seeing defendant’s truck approaching from behind, he stood still, and when he found it getting dangerously close, he stepped on the running board of his car. It was at that moment that the truck violently struck him. There was less than a foot between the truck and his taxi, although the truck had the whole street clear in which to pass. An. eye-witness of the accident, Ernest Cheadle, estimated the speed of the truck at between 20 and 30 miles an hour, and said the truck passed at about three feet from the car. Karews did not seem to have a chance to escape. Case for Defence. Counsel for the defence said defendant saw Karews getting out of his car, sounded his horn, and gave Karews three or four feet room. The next defendant knew was that he felt a bump, and saw a man being knocked over. Karews must have jumped forward into the truck. His Honour said that in no circumstances could damages be awarded to plaintiff unless default on the 1 part of the defendant had been proved. The jury returned a verdict for plaintiff and awarded £lO9O general and £ll6 special damages. Judgment, was entered accordingly, with costs.