ACTION FOR SLANDER.

New Zealand Herald, Volume LXVII, Issue 20642, 14 August 1930, Page 14

ACTION FOR SLANDER.

NURSE'S ALLEGED BEMARKS. DOCTOR CLAIMS £IOOO. SUIT AGAINST EMPLOYER. [ny teleghArn.—rtiEss association*.] WELLINGTON, Wednesday. Remarks alleged to have been made to one of his patients by a nurse employed by tho Australasian Temperance and General Mutual Life Assurance Society, Ltd., formed the basis of tho claim in an action for slander brought by Dr. Richard Walter Richards, of Wellington, against tho society in tho Supreme Court to-day, before Mr. Justice Ostler and a jury. Mr. A. Gray, K. 0., with him Mr. J. S. Hanna, appeared for plaintiff, and Mr. E. P. Bunny, with him Mr. IT. F. O'Lcary, for the society. Plaintiff, who claimed £IOOO damages, alleged that the nurse had spoken falsely and maliciously about him with regard to his treatment of the patient, Mrs. Dorothy Clara Bell, of Brooklyn. Tho defence admitted that tho nurse had called on tho patient in tho courso of her employment, but it was denied that she had made the alleged remarks, or any words capable of bearing tho same meaning. .Even if tho words had been used they were incapable of bearing the alleged slanderous meaning and they were, not made by the nurse in the courso of her employment. As a further defence, it was urged that any remarks concerning the doctor were made honestly and without malice, and on a privileged occasion. Plaintiff gave evidence of attending Mrs. 8011. He took a swab to test for diphtheria, when a negative result was obtained. Before this ho had prescribed for tonsilitis, and the treatment was successful. When he heard of the visit <if tho nurse he took tho swab and afterwards wrote to tho insurance society for the name of tho nurse. She called, but he did not wish to discuss the matter with her. Mrs. Bell, who had a child insured with the company, said tho agent and the new superintendent called at a time when she was suffering from a sore throat After a discussion regarding her husband's insurance witness mentioned tiiat sho was not feeling well, and it was suggested that the society's nurse should be sent. Witness said she was already receiving medical attention. Interview with the Nurse. The nurse called the next day and said she was from the society. She told witness that she looked ill and asked for a spoon. She did not uso it, however, to examine her throat, but sat down and said: "I do not want to frighten you, but you have got diphtheria." Witness was advised by the nurse to go to the hospital for isolation, but sho refused to go. The nurse asked when the doctor was coming again, and on being told that he was expected in tho evening, said: "You will be dead and cold by then." When she was informed who the doctor was the nurse said: "Oh, him! Like a few more of his cases! I have never had the pleasure of meeting Dr. Richards, but when I see him I will tell him vhat. I think of him." After the nurse had left tho witness asked Mrs. Little, who was living with her, to rins up the doctor. He came up and reassured her about her throat. Witness and Mrs. Little told him what the. nurse had said. Tho next day he called again and took a swab of her throat. Motion for a Non-suit. Violet Gwendoline Little gave corroborative evidence. Sho said sho considered that tho nurse's remark regarding sending Mrs. Bell to hospital was not a suggestion but an order. Mr. Bunny moved for a non-suit on tho grounds that tho words were not defamatory; that the occasi6n was privileged ; that there was no evidence of malice; that the expression of opinion was not within the scope of the nurse's employment, and that she was not acting under the authority of defendant society. The question of a non-suit was reserved. Mabel Blathwavt. employed by the society as a visiting nurse, said she had never known Dr. Richards. When she saw Mrs. Bell she looked very ill. Witness advised her to go to bed and get a doctor. She said she had had a doctor and said medicine had done her no good, and her husband had gone to get something from a chemist. Tho nurse said she realised that the woman had no confidence in the doctor. She advised her to go to hospital. She denied emphatically that she made the alleged statements. The case was adjourned until to-mor-row morning.