CLAIM FAILS

Evening Post, Volume CXXIV, Issue 26, 30 July 1937, Page 18

CLAIM FAILS

INJURED PEDESTRIAN

The claim of a pedestrian whose left foot was run over by a lorry in Dixon Street on February 10 was not upheld by a jury of twelve in the Supreme Court yesterday afternoon. The plaintiff was Thomas Plu'nkeft, a hotel employee,- of Wellington, and the defendants T. and W. Young, merchants, of Customhouse Quay, and Arthur Hall, the driver of the vehicle.

Mr. Justice Ostler presided. Mr. O. C. Mazengarb appeared for the plaintiff, and Mr. A. T. Young, with him Mr. A. G. Horsley. for the defendants.

The accident occurred when the lorry was turning into Egmont Street from Dixon Street. The plaintiff alleged that the driver failed to keep a proper lookout, failed to give warning of his approach, failed to slow down or stop, and failed to steer clear of the plaintiff. He suffered severe bruises, and bones in his left foot were fractured. He alleged that he was still totally incapacitated, and might be permanently partially disabled. He claimed £460 general damages and £124 16s special damages.

Negligence was denied by the defendants, who made counter-allegations of lack of care.

The jury retired for twenty minutes and returned with a verdict Jtor the defendants.