Injury to Larynx And Vocal Cords

Manawatu Times, Volume 64, Issue 173, 25 July 1939, Page 5

Injury to Larynx And Vocal Cords

SUPREME COURT CLAIM FOLLOWING MOTOR COLLISION

The hearing of a claim for £2035 damages arising out of injuries received in a motor collision was commenced in the Supreme Court at Palmerston North yesterday before. Hon. Mr. Justice Blair and a jury. Plaintiff is Edith Agnes Rose, of Palmerston North, a nurse, and defendant Mrs. Laura Gertrude Lane, of Awapuni. Added to tho action as a third party is James Harold Coulter, of Palmerston North, a mechanic, who was tho owner and driver of tho car in which Miss Rose was a passenger.

Mr. M. 11. Oram, with him Mr. K. N. .Struthers, is appearing for plaintiff, 2lr. H. F. O'Leary, K.C., with him Mr < . Cross 1 ey, for defendant, and Mr. L, G. H. Sinclair for Coulter.

Tho following comprise the jury; Messrs. J. F. Lynch (foreman), W. L. Chambers, L. Maskerr, D. Print, O. \V. Mildon, W. J. Young, T. M. Headman, 'V. Adams, W. Whaley, A. M. Palmer, C. C. Powell and S. C. Sorenson.

In her statement of claim plaintiff *2t out that the car in which she was a passenger collided on tho night of October 36 with defendant's vehicle, which had been left unlighted on the side of the road in Main Street West just inside the city boundary. She alleged that the collision had been due to negligence by defendant or her agents, a service station, with whom her car had been left, in leaving the car on the roadway in an unlightcd condition. As a result of the collision she received injuries to her throat, larynx and vocal cords and had to undergo medical and hospital treatment. .She had since been unable to carry out her duties as a nurse and it "was claimed she would be permanently partially incapacitated. Accordingly she claimed £135 13s 2d special and £2500 general damages.

Denying that she or her agents had been negligent, defendant asserted that the collision had been duo to the negligence of Coulter in that he bad been driving at an excessive speed, and had failed to keep a proper look-out. Defendant joined Coulter as a third Party, claiming against him contribution to tho extent of a complete indemnity against plaintiff’s claim and the costs of the action.

Coulter, in his statement of defence, denied negligence on his part and #sserted that the action of defendant #r her agents in leaving the car ua-

lighted had been the cause of the accident. Three medical practitioners—Mr. C. S. Williams, Dr. J. S. Monro and Dr. W. J. 11. Robertson, of Wellington, tho latter called by the defence—gave evidence concerning the injury to plaintiff's larynx and vocal cords. Miss Rose also gave evidence, while further witnesses called on her behalf were H. 11. Farquhar, surveyor, and Constable R. Turvey. The Court adjourned for the day with plaintiff’s case not completely heard.