£183 FOR INJURY TO THUMB

Dominion, Volume 34, Issue 125, 20 February 1941, Page 9

£183 FOR INJURY TO THUMB

Court Awards Damages

N GAH AURAN GA G 0 RGE ACCIDENT SEQUEL

Damages amounting to £lB3 were awarded in the Supreme Court, Wellington, yesterday to a man whose thumb had been injured in a motor accident.

The case was heard by the Chief Jus tice (Sir Michael Myers) and a jury of four. Plaintiff was Athol Collinson Smith, meat packer, Tawa Flat. Defendant was Alex Moore, butcher, Johnsonville. Mr. A. 11. McAndrew appeared for plaintiff, Mr. E. S. Parry for defendant.

The accident took place on the Ngaliauranga Gorge Road on the morning ot May 20 last year, when a ear driven by Smith collided with one of two lorries owned by Moore and driven b> his employees. Smith claimed Hurt as a result ol the accident lie had lost the entire use ot the first joint, aud the partial use ot the other joints, of his left thumbwhich was cut by broken glass and had subsequently to be operated upon, lhe injury had 'prevented him from following his occupation for 14 weeks, and had involved £75/10/- loss of wages and £7/11/- hospital and other expenses, and he claimed special damages to this amount. He also claimed £2OO general damages and .such further relief as the Court thought fir. He alleged negligence on the part ot one of the truck drivers, in failing to give notice of intention to turn right, in turning into the right-hand traffic lane, and in failing to keep the truck under proper control. The defence denied negligence amt alleged that plaintiff was negligent In failing lo keep sufficient lookout, travelling at excessive speed, failing to give warning of his approach or intention to overtake, and failing to stop before .striking the truck or to swerve so as to avoid it. If defendant was negligent, which was denied, plaint HI had contributed to the accident by his own negligence, it was alleged. The jury, after an absence of about half an hour, found for plaintiff and awarded full special damages and fit"' general damages.