STRUCK BY MOTOR-CAR

Dominion, Volume 37, Issue 123, 19 February 1944, Page 8

STRUCK BY MOTOR-CAR

Gardener Awarded •

Damages Claiming £5OO general and £49/5/special damages (including £35 for seven weeks’ wages), Alfred Welch, aged 71, gardener, proceeded in the Supreme Court, Wellington, yesterday, before Mr. Justice Johnston and a jury of twelve, against Gerald Bell, insurance officer. The claim was the sequel to nn accident which occurred in Tinakori Road on June 9 last. Mr. E. Parry appeared for plaintiff, and Mr. W. P. Shorland for defendant. The statement of claim alleged that plaintiff was crossing Tinakori Road from the western side, and that defendant was driving along the road in the direction of Karori; that defendant so negligently drove or managed his car that it ran down plaintiff, who suffered severe injuries, including a head wound, lacerations of the right ear, extensive bruises to the left leg, and shock; and that his health had deteriorated and his hearing had been affected by his injury. , The defence was a denial of negligence. It was alleged that the collision was caused by plaintiff’s failure to use an authorized pedestrian crossing which was reasonably available, failing to yield the right, of way to the car, failing to keep a proper look-out, failing to cross at right angles to the kerb or side of the roadway (in breach of Regulation 31 of the Traffic Regulations. 1936), and failing to exercise reasonable precautions for his safety. The jury retired at 5 p.m., and returned at 6.20 p.m. with a verdict for plaintiff for £39/1/- special damages, and £lBO general damages.