PAYMENT OF DAMAGES MONEY

Dominion, Volume 32, Issue 264, 5 August 1939, Page 8

PAYMENT OF DAMAGES MONEY

Restriction Suggested

JURY’S RIDER AND JUDGE’S

COMMENT

In a rider added to a verdict on a claim for damages returned on Thursday a jury in the Supreme Court, Wellington, expressed the opinion that the money they awarded, £1132, should not be paid unconditionally as a lump sum, and comment on this suggestion and another that the jury made was passed by the Chief Justice (Sir Michael Myers), who presided during the healing of the case, when the court resumed yesterday morning. The case was one in which a man who was injured when a motor-cycle he was riding collided with a motor-car at Lyall Bay, claimed damages from the driver and the owner of the car on the ground that the driver had . been negligent. The foreman of the jury, Mr. F. M. Clarke, was again present. ’The riders were as follows:— Ihat it is the opinion of the jury that some method should be employed in administering the damages awarded to see that it is paid out in weekly sums or lump sums for the purchase of a business, etc. If the Traffic Department could supply a drawing of the locality with all relevant particulars, including measurements. it would be a help to the jury. This could be done in collaboration with the Police Department.” His Honour said he had not referred to the jury’s note sooner because, though it had been laid before him, his attention had not been drawn to it. But it was due to a jury that had taken so much trouble about the matter that he should refer to it. Even if he had considered the jurys suggestion when it was made he could have done nothing about it because, in law, a person was entitled to have his money immediately. If plaintiff wore under a disability or an infant in the eyes of the law, under 21 years of age, the law provided for the money to be paid not to him but to a trustee appoited by the Court for his education, advancement and maintenance, and, even then, the unexpended balance would be paid to him on his attaining the age of 21. His Honour said he had known the suggestion the jury had made to be made by at least one judge some time ago and it was a very good one. He would see it was sent to the Justice Department so that if it were thought fit some amendment of the law might be produced. He did not think anything required to be done In connexion with the jury’s second recommendation, because the police and the corporation and Government traffic departments were always ready to help in matters of the kind, and the Court welcomed and appreciated that help. The foreman said the jury did not suggest that the police and traffic departments did not collaborate, but that they should join in drawing a plan.