CARS COLLIDE

Evening Post, Volume CXXIII, Issue 34, 10 February 1937, Page 5

CARS COLLIDE

CLAIM FOR DAMAGES PARAPARAUMU ACCIDENT Arising out of a collision on the main road between Waikanae and Paraparaumu on October 23 last, a claim for £1750 damages was heard by Mr. Justice Smith and a jury of twelve in the Supreme Court today. The plaintiff was Muriel Jessie Bollard, and the defendant was James Healy, a civil servant. In her statement of claim the plaintiff said that as she was driving her car south about three-quarters of a mile north of Paraparaumu the defendant was driving north along the same road. The defendant, she alleged, so > negligently and unskilfully managed his car that it collided with her "car. The negligence, continued the plaintiff, consisted in proceeding around a corner and along the road at a speed which in the circumstances was too fast, in failing to. keep to the left, in failing to slow down, stop, or otherwise steer clear of the plaintiff, and in driving his car with worn or smooth tyres on a wet bitumen surface. As a result of the collision, said the plaintiff, she had suffered extensive injuries which had totally incapacitated her, and she would be totally incapacitated for some time. She claimed £174 6s 4d special damages and the remainder of the £1750 as general damages. Negligence was denied by the defendant in his statement of defence, and for a further defence he alleged that the collision was caused by the plaintiff's negligently continuing to drive towards him after seeing or having the. opportunity of seeing that his car was in a position of peril because it was skidding and getting out of control. For a further defence he said that the collision was due to an inevitable accident. Mr. O. C. Mazengarb appeared for the plaintiff, and Mr. H. F. O'Leary, K.C., with him Mr. S. G. Stephenson, for the defendant.

The hearing of evidence is proceeding.