DAMAGES AWARDED

Dominion, Volume 27, Issue 188, 8 May 1934, Page 6

DAMAGES AWARDED

Accident in Oriental Bay PEDESTRIAN’S INJURIES ' An accident on Oriental Parade at 7.15 o’clock on tlie evening of August 26 last, .when three women were struck by a motor-car from behind and knocked down, had its sequel in the Supreme Court yesterday when Mrs. Janet Scott Beck, of Wellington, sought £940/8/6 special and general damages from George 1 Joseph Wakem. soft-goods manufacturer, of Wellington, the driver of the motor-car. It was alleged by Mrs. Beck that the collision was due to the unskilful management and control by defendant of bis car. After a retirement of 35 minutes, the jury returned a verdict for plaintiff, awarding £370 general and £l4O/8/6 special damages. His Honour said,that in his view it was a very just verdict. The case was heard before the Chief Justice, Sir Michael Myers, and a jury of twelve. Mr. C. A. L. Treadwell,, with him Mr. H. J. V. James, appeared for plaintiff, and Mr. H. F. O’Leary, with, him Mr. IV. P. Rollings, for defendant. The defence was a general denial of the allegation of negligence, and it was contended as a second and alternative defence that the accident was due to the negligence of plaintiff in (a) failing to keep a proper or sufficient lookout for vehicular traffic, and (b) failing in the circumstances of the case to exercise reasonable care. ~ The facts of the. case, as led. by Mr. Treadwell, were that on the evening of August 26 last, Mrs.. Beck, in company with two other women, was Walking along Oriental Parade, near Hay Street, in the direction of the city; When nearing the reserve nearby, the three women stepped off the pavement, when they were suddenly struck from behind by a motor-car driven by defendant ‘Wakem. The car had no lights, no horn working, and no windscreenwiper working. It had broken down at Point tJerningham and the driver was proceeding in bad visibility. Its pace was about five times the speed of the pedestrian, 1 a constable on duty nearby having estimated its speed at 15 miles an hour. - ■- -'

Mr. Treadwell said if-those facts, were true, the case Was. clearly one of gross negligence. All three women were knocked, flat by the impact, and Mrs.' Beck was very seriously injured. He was not calling her as a witness in the case, and she was at present confined to her bed, a skeleton of her former self.