CLAIM FOR £3000

Evening Post, Volume CXVIII, Issue 35, 10 August 1934, Page 10

CLAIM FOR £3000

MAN'S LEG AMPUTATED

SEQUEL TO AN ACCIDENT

SUPREME COURT CASE

General damages of £3000 and special damages of £175 4s were claimed by William Harvey Richards, a motordrivcr, of Danncvirke, in a casd which came before tho Chief . Justice (Sir Michael Myers) and a jury in the Supremo Court today. David Kilpatrick, wool-classer, of Kaiwarra, who was sued only in his capacity as tho registered owner of a motor-cycle, and Charles Leslie Turner, also a woolclasser, of Kaiwarra, were- tho defendants. The action arose out of au accident on tho main highway at Heretaunga near its intersection with Palmer Crescent on the evening of April 17 this year, as a result of which the plaintiff suffered, injuries, and six days later owing to gangrene having developed he had to have his left leg amputated. It was alleged that the accident was due to the negligent management 8f Kilpatriek's motorcycle and that at the time it was being ridden by Turner, the second-named defendant. : Mr. O. C. Mazengavb, of Wellington, with him Mr. P. .W. Dorrington, of Danncvirke, appeared for the plaintiff, and Mr. W. E. Leicester for the defendants. ■ CASE FOR PLAINTIFF. Richards's age was given as 23 J years. On tho night of tho accident ho was on his way to Masterton with a lorry-load of bricks. The night was wet. As the engine was not pulling too well,- he stopped at Heretaunga and drew his lorry over to the grass as far as ho could on his correct side of the road, leaving the right-hand wheels .14 inches on the bitumen. His employer, Mr. E. C. Brenkley, who was driving a motor-car, and another lorry in charge of Mr. W. E. Buckingham and belonging to Mr. Breuklcy, came along, and the evidence was that Mr. Brenkley, his passenger (Mr. H. C, Denny), and Sir. Buckingham had no difficulty in picking up tho stationary lorry, and they stopped to sec what ■ was tho matter. It was alleged that Richards had chosen as his stopping place a spot immediately under the brightest electric light on the road. Aspare tin of benzine was obtained from tho second lorry, and it was • alleged/ that as Richards was standing alongside his lorry siphoning benzine into the tank ho was suddenly and without warning struck a,blow on his left leg by a motor-cycle, coming from the south and ridden by 'Turner, and was : carried along the road.- Mr. Denny and Mr. Brenkley, it was stated, were also knocked down. •• •' Richards, as a result of the collision, was rendered unconscious and sustained various cuts and bruises and bone injuries. He was removed to the Wellington Public Hospital, where his left leg was amputated.- Subsequent to his discharge as an in-patient he developed appendicitis and peritonitis, and he was unable to come to Court today to give evidence. 'In stating that arrangements would be sought for the taking of Richards's evidence, Mr. Mazengarb made^t plain to. tho jury that no claim was made in respect of tho appendicitis and peritonitis developed by Richards, becauso,"he said, they" iiif*ri6 way were attributable to tho accident. THE DEFENCE. In tho first place, tho statement of defence gave a general denial of tho plaintiff's allegations of negligence. Two further defences wero set up, namely, that any injury sustained by tho plaintiff was duo to a puro accident j for which the defendants wero not] liable, and that if there was any negligence on the part of Turner, then the plaintiff contributed to tho accident by his own negligence. The a^ts of negligence alleged against the plaintiff were: (a) Failure to take proper or adequate precautions for his own safety; (b) failure to have his vehicle properly lighted; (c) failure to park his vehiclo properly; and (d) failure to | keep a proper look-out for approaching traffic. .. ' Dr. A. Gillies described the nature of Richards's injuries and his general condition at the present time, and gave his opinion as to tho pcope of the man's activities from an employment point of view in the future. By consent, an order was made by his Honour for the examination of the plaintiff on oath before the Deputy Registrar (Mr. E. G. Rhodes) at Wellington Hospital this afternoon. The ease was unfinished at the time of going to press.