£1391 Awarded In Whangarei Accident Claim

Northern Advocate, 23 May 1941, Page 3

£1391 Awarded In Whangarei Accident Claim

[Special to "Northern Advocate"] AUCKLAND, This Day. Special damages of £9l and general damages of £I3OO were awarded to Lionet Campbell Davies, of Whangarei, toreman, in the Supreme Court yesterday, in his claim arising from an accident, against his former employers, Dave Hill & Sons, Ltd., of Whangarei, carriers. The case was heard by Mr. Justice Fair and a jury. Mr. R. K. Trimmer and Mr. McCarthy appeared for Davies, and Mr. North and Mr. L. A. Johnson for the defendants.

Davies claimed £ll9 special and £2500 general damages. When a lorry on which he was riding overturned on a bush road near Whangarei, in March, 1940, piaintilf suffered a severely crushed wrist and hand. Delay in Taking Action The evidence ol' one witness was taken yesterday before counsel’s addresses were commenced. Mr. Worth, for the defence, stressed the delay by plaintiff' in making any claim, and described this action as inexplicable. He mentioned the narrowness of the road, the fact that Hill, the driver, did not know the road, and the possibilities of making an error of judgment. Counsel submitted that it must be proved that Hill acted without a reasonable amount of care. The case was not a workers’ compensation case, nor one of a third party being injured.

Mr. Trimmer denied that the road was narrow. He alleged that Hill was not paying sufficient attention to the road. Counsel explained that plaintiff had delayed making any claim until lie had obtained a medical opinion as to whether his hand would ever get better.

Negligence Found

Mr. Justice Fair, in his summing-up, said the real question was whether the accident was due to negligence or to an error of judgment. There was seme argument as to whether Hill had driven over the road before. There was no suggestion that he was driving al more than four or five miles an hour.

When bringing in its verdict the jury stated that the accident was due to negligence on the part of Fred Hill in the manner in which he drove the lorry. They found that plaintiff was not guilty of contributory negligence.