VERDICT TO STAND

Dominion, Volume 32, Issue 66, 10 December 1938, Page 7

VERDICT TO STAND

Decision In Palmerston North Case

By a majority decision, the Court of Appeal yesterday allowed tin appeal against an order for a new trial of an action in which Mrs. Olive Rita Paterson was awarded £572 damages against Dr. Kenrick Dean, Palmerston North.

In November, 1936, .Mrs. Paterson received injuries to her knee as a result of'falling from the pillion seat of a motor-cycle. Site was attended by Dr. Dean and later by other doctors.' In June last she brought an action against Dr. Dean, alleging negligence and unskilful treatment. The case was heard before Mr. Justice Quilliani and a jury of 12. Mr.s. Paterson was awarded £4OO general damages and £172 special damages. Dr. Dean successfully applied for a new trial on the grounds that the verdiet was against the weight of evidence and that the damages were excessive, and it was against this order that Mrs. Paterisou appealed. The Court of Appeal consisted of the Chief Justice (Sir Michael Myers), Mr. Justice Blair and Mr. Justice Callan. The Chief Justice and Mr. Justice Callan held that the appeal should be allowed. Mr. Justice Blair dissented. At the hearing Mr. C. 11. AA'eston, K.C., with him Mr. L. G. H. Sinclair, appeared for Mrs. Paterson. The doctor was represented by Mr. H. F. O’Leary, K.C., and Mr. A. AA 7 . Yortt, Palmerston North.