DAMAGES FOR INJURY.

New Zealand Herald, Volume LXVIII, Issue 20800, 17 February 1931, Page 12

DAMAGES FOR INJURY.

MAN STRUCK BY CAR.

3UM OF £2138 AWARDED. NEGLIGENCE OF DRIVER. LENGTHY - MEDICAL EVIDENCE. Lengthy medical evidence was heard Jn the Supreme Court yesterday in a case brought, before Mr. Justico Smith and n jury, in which Oswald Gallaher, of Auckland, an electric-power board employee (Mr. Northcroft), claimed £2736 damages from Corbett and Winder, of Auckland, service-car proprietors (Mr. Meredith). ,The claim arose from an accident on January 11,1930, when a servicecar owned by defendants collided with a hand-trolley being pushed by plaintiff along the Great South Road near Ellerslie.

.Plaintiff alleged that the service-car was driven in a dangerous and negligent manner, thus causing the accident, jAs a<result of the collision, plaintiff received serious injuries, which necessitated the amputation of the left leg below the knee. He claimed £236 special damages and £2500 general damages. Defence Admits Negligence.

Defendants admitted the allegations of negligence,, which involved driving at an excessive speed and failing to keep to tho right side of the road, to keep tho car under control, and to keep a proper look-out.

Mr. Northcroft said that plaintiff had teen in hospital for almost six months and was at present an out-patient. Early in life he had been a miner and was now suffering from a miner's complaint. Serious lung trouble had revealed itself while he .was in hospital.

Details of plaintiff's injuries were given by Dr. William C. McCaw, who said that plaintiff's condition on admission to the Auckland Hospital was precarious. A quick amputation of the left leg was made. On February 2 plaintiff complained of a pain -in the chest and an examination by a house-surgeon revealed signs of pleurisy and pneumonia. In the light of subsequent knowledge, witness regarded the pleurisy as of permanent character. Effect bn "Condition ol Lungs. Plaintiff had suffered for a long tiir«e from miner's phthisis, which was not noticeable up to the time he entered hospital, continued witness. Then the shock and exposure to a major operation appeared to hava activated the quiescent condition in the lung. The accident converted his condition to active tuberculosis.

Witness said that plaintiff underwent another fairly long major operation. The stump of the leg was now in a most unsatisfactory condition for plaintiff to carry an 'artificial limb and he was not fit to have the necessary operation for this.

Kenneth surgeon, said that plaintiff's present lung condition must be held a sequel to his accident.

Evidence to this effect was also given by Dr. A. Eisdelf Moore, who considered that plaintiff would not work again. In evidence, plaintiff said he had been fi quartz miner for a number of years. He in receipt of an average weekly wage of £4 14s lid as a Power Board employee. Since the accident he had received £3 3s 2d under the Workers' Compensation Act. - Contention by Defence.

To Mr. Meredith, witness said that two years ago he had an interval of six months away from Auckland and had Received sick benefit from a lodge.

Mr. Meredith said that defendants accepted responsibility for the accident and were prepared to pay adequate compensation for the result of it. But the defence maintained that no responsibility should fee accepted for the present tubercular position, which was with plaintiff previously. Dr. E. H. B. Milsom said that plaintiff had tuberculosis in a smouldering condition for from two to 20 years prior to the accident. Plaintiff had fought the condition successfully for some years and would probably continue to do so. Dr. Kenneth MacCormick and Dr. L. [A. Spedding gave evidence that plaintiff ivas suffering from long-standing and chronic chest trouble.

Judgment was given for plaintiff for £I9OO general damages and £236 spocial damages.