Appeal Against Order for New Trial

Manawatu Times, Volume 63, Issue 238, 8 October 1938, Page 4

Appeal Against Order for New Trial

ECHO OF PALMERSTON NORTH CASjcj Per Press Association. WELLINGTON, Last Night. The Appeal Court to-day heard the case of Olive Rita Pattersou v. Dr. Kenrick Dean, of Palmerston North, in which there was an appeal from the judgment of Mr. Justice Quilliam delivered in June, 1938, ordering a new trial of an action in which Mrs. Patterson was awarded £572 against Dr. Dean. In November, 1936, Mrs. Patterson received injuries to a knee as a result of falling from a pillion seat of a motorcycle. She was attended by Dr. Dean, medical practitioner, or Palmerston North, and later by other doctors. Mrs. Patterson alleged that, a result of Dr. Dean’s negligence m (a) failing to diagnose the nature of the injury by an X-ray examination or otner means, and (b) applying incorrect treatment and continuing same after it had been found inappropriate, she had incurred expense and suffered permanent injury to her leg. After hearing evidence by other doctors as to appropriate treatment in such cases and the effect of Dr. Dean’s treatment, the jury found in favour of Airs. Patterson. Dr. Dean then secured an order for a new trial on the grounds that tho verdict was against the weight of evidence and that the damages were excessive, and Mrs. Patterson is appealing against this order. The hearing was adjourned.