DAMAGES AWARDED

Greymouth Evening Star, 21 February 1939, Page 5

DAMAGES AWARDED

TAXI PASSENGER’S INJURIES

[per press association.]

AUCKLAND, February 2o

'l'lio hearing of a claim for £120. - : damages by a man who met with injuries while a passenger in a taxi cab was completml before Mr. Justice Callan and a. jury in the Supreme Court. The plaintiff was Edward Allworthy Martin, of Waiotira, farmer, aged 31 (Mr. Hubble, instructed by Mr. Ellis). Defendant was William Herbert Ackroyd, of Mount Eden, traveller (Mr. North, instructed by Mr. 1 Armstead). j Plaintiff tvas a passenger in a car driven by 'Thomas White (Mr. Coldstine), which collided in Grafton Road! on Juno 1G with a car driven by defendant. Plaintiff claimed £203 spec-] ial damages and £lOOO general damages for suffering and injury to health. Some degree of liability was admitted by the defendant. Dr. Selwyn M. Morris said that plaintiff was suffering from contusion cr bruising of the brain. Witness estimated that he might take up work again in from nine to 12 months. Dr. J. E. Caughey said this was definitely a bar! case of cerebral contusion and it would be al least. 12 months before plaintiff could undertake heavy duties. Further evidence of the plaintiff’s disabilities was given by a nurse andj by liis brother. |

Air. North submitted that the claim was most excessive, having regard to the nature of the injureis. He said there was no permanent, disability.

Mr. Hubble said that, none of the doctors could say how long the man would take to recover or whether all his symptoms would ever ultimately disappear, and £lOOO was little enough ;o ask.

His Honor said the jury had to decide what in its opinion was a fair and reasonable amount to give to the plaintiff for those consequences which had come to him as a result of the defendant’s negligence. It seemed to him t.hal the claim of £ 1000 was extravagant. in the circumstances, and lie was at. a loss to know how it could be justified on the evidence. The jury awarded £lB4 special and £:;of> general damages, making’ a total of £490. Judgment, was entered accordingly with costs.