MOTOR CYCLIST SUED

Greymouth Evening Star, 12 August 1930, Page 2

MOTOR CYCLIST SUED

SEQUEL TO ACCIDENT.

[per press association.]

WELLINGTON, August 11

General damages and special damages, amounting in all to £lll2/4/0, were claimed in the Supreme Court today, by William MacGlashan Smith, waterside worker, of Wellington, and his wife, Charlotte Smith, bookseller, from Gilbert Jepson, motor mechanic, as the result of an accident in Island Bay last November, in which Mrs Smith was seriously injured. The case was heard by Justice Ostler and a jury. Mrs Smith and her daugther, aged 17, were injured when struck by a motor cyclist on a dark night. Mrs Smith was severely hurt. Jepson was fined' for negligent, driving, and since had filed an admission of liability. Mr Leicester for the plaintiffs, said that all the jury had to do was to decide on fair and reasonable damages. Counsel said that since the accident, Smith had kept his wife’s shop, going, and after meeting all expenses, he had been able to make only 13/6. Plaintiff’s home had been broken up since the accident. Smith was a waterside worker by occupation ana for some years prior to the accident, he earned £3/10/- to £4/10/- a week Since the accident, he had been able to work only two days on the waterfront and he was claiming at the rate of £2/10/- a week from November 1. The daughter had to be boarded out, and a claim was being made in this’ respect also. Evidence was given by Dr Gillies, orthopaedic specialist at Wellington Hospital, and the plaintiffs. Mr Treadwell invited the jury to come to the conclusion that the size of the claim was an outrage and an insult to their intelligence. Counsel submitted it was a classic example of an extortionate claim. Acting on his advice, Jepson had paid in £4OO, and that he contended, was a fair and perhaps even greater amount than that to which the plaintiffs were entitled. The jury returned a verdict of £2OO general, and £3OO special damages.