DEFENCE OPENS

Evening Post, Volume CXXIII, Issue 70, 24 March 1937, Page 5

DEFENCE OPENS

ACCIDENT CASE

CLAIMS BY MAN AND WIFE

Evidence for'the'plaintiffs was concluded.,after two days in;the Supreme Court yesterday afternoon in the case in which Sarah Ann Petherick and her husband, Frederick William Petherick, a' motor assessor, of -Wellington, are claiming £15,150' 13s 7d from William Alexander Waters, an engineer, of

Palmerston North, : and the. N.I.M.U. Mutual Insurance Company, as statutory 'indemnifier. The case arose from a motor' collision near Waikanae in August 'last.-;- " .

By: agreement the ; Court heard together the two separate actions which the case comprises: one in which Mrs. Petherick claims £11,547 Is 7d from Waters, and the' other in: which her husband claims £2103 125,; £1000, and £500, in. three causes of action, from Waters and the, N.l.M.U.^Company.

Mr. Justice Reed--is'hearing the case, in which Mr. W.E.,Leicester appears for the plaintiffs. •; Mr. O. C. Mazengarb represents Waters in the wife's claim and the N.I.M.U. Company in the lmisband's claims, in which Mr. H. F. O'Leary, X.C.'and Mr..R.E. Tripe appear' for Waters.".'. ■; "-i. Opening the case, for the defence Mr. Mazengarb . said that the indemnifiers had been prepared to pay from time to time amounts of money that might be necessary to keep Mrs. Petherick in whatever state and comfort: could be given her "in the. circumstances un< ll the end of her life. Her husband, however, would not accept such a proposal! The orily: respect, in which the defence seriously challenged , the plaintiff's medical evidence, said Mr., Mazengarb, was that referring to Mrs. Pethenck's expectation of life, which the defence placed at approximately 18 months He submitted that Mrs. Pethenck could not get, damages for being deprived of a happy and comfortable old age because she was unconscious and unable to realise what a comfortable old age might mean; to her. The measure to be applied, counsel submitted, was what sum of money; would put her back, as far as money, could put her back, in the position she would have been in but for the accident. His Honour remarked that that was an impossible sort of thing, and Mr. Mazengarb agreed that it always was in such cases as the present one. Counsel dealt with the claims by Mr. Petherick. ~-..- '• " ■ Evidence-for the defence will be given when the case resumes tomorrow.