CLAIM FOR DAMAGES

Dominion, Volume 31, Issue 110, 3 February 1938, Page 16

CLAIM FOR DAMAGES

Sequel To Motor Collision Near Patea Dominion Special Service. Wanganui. February 2. A claim for £3OO damages, and a eounter-elaim for £SS/6/-. is being heard before Mr. J. H. Salmon, S.M., in the Magistrates’ Court. Wanganui, a_nd is expected to last about two days. The action concerns a collision between two motor-ears at Whenuakura. about six miles south of I’atea, on January 31. 1937. Plaintiff is Florence Lily Tinney. Wanganui, and defendants are Daniel Healey Loftus and Henry Edward Loftus, farmers, Whenuakura. Mr. C. F. Treadwell, Wanganui, is conducting the ease for plaintiff, and Mr. L. M. Moss. Hawera. is watching proceedings on behalf of defendants. The statement of claim sets out that on January 31, 1937, plaintiff was driving a ear along the Opaku Road, Whenuakura, when a collision occurred with another car driven by D. H. Loftus. It was alleged thqt defendant failed to keep a proper look-out, that he drove at an excessive speed, that he was on his incorrect side of the road, and tliut he failed to exercise proper control of the car. Plaintiff’s vehicle was damaged and her clothing ruined beyond repair. Plaintiff suffered injuries to her chest and other parts of the body, and severe shock whieh necessitated medical care and attention for a considerable period. As a result of the accident plaintiff was forced to employ an assistant to help in running her shop. In a counter-claim for £5B/6/-. the cost of salvaging and repairing tfoeir car after the accident, defendants alleged that the damage was caused by plaintiff failing to keep a proper look-out. driving on her incorrect side of the road, putting out her hand and giving a signal of her intention to turn to her right and then swerving to her left into defendants’ car. failing to follow the course which she had signalled, failing to exercise proper control of her ear immediately before and at the time of the collision, and failing to slow down or stop her car.