CLAIM FOR £l000

New Zealand Herald, Volume LXXIV, Issue 22878, 5 November 1937, Page 14

CLAIM FOR £looo

LABOURER'S INJURIES

CONTENTIONS BY DEFENCE ALLEGED SETTLEMENT OFFER QUESTIONS ABOUT AN AGENT The hearing of a claim for £IOOO damages for injuries was commenced before Mr. Justice G'allan and a. jury in the Supreme Court yesterday. The claim is brought by Arthur Johnson, labourer (Mr. Slipper), against Raymond Francis Davis, labourer (Mr. Goldstine), and it is based on an accident that happened on the Great North Road at Point Chevalier last January. Plaintiff was struck by a motor-car driven by defendant, and he claimed that he had suffered permanent injury to his right knee and probably to the left hip, and that ho would never again be able to do hard work. For shock and suffering, curtailment of earning ability and enjoyment of life he claimed £IOOO general damages. For special damages he asked £2O 16s lOd. . , Defendant admitted liability and tho action was tn settle the amount payable to plaintiff. . - ... Mr. Slipper said that plaintiff, who was 53 years of age, was struck on the right knee and thrown on his left aide. The trouble that remained in the right knee was very considerable, and thov would have to- consider the possibility of it growing worse as time ' went on. Plaintiff had not boen able I to take up his old work in a brewery, i and he had arthritis, which was directly 1 traceable to the blow. Plaintiff's Evidence ' Plaintiff said the car knocked him i ],-> or feet along tho street. Prior . to that he had never suffered with any of his joints. At the beginning of Febi ruary he went back to light work for ! about three months. When he tried to !do heavv work his right knee would ! give out. He felt that the knee was getting worse. .. " , To Mr. Goldstine witness said he was ! still getting the same wages as before | the accident, but he was now excused ! lifting and trucking. His right ankle i was injured in a motor accident in Mav, 1935, and he received £95. j Mr. Goldstine: . You had somebody ! representing you in that action?—-Yes, sir. And the gentleman's name wus James W. Taylor? —Lxactly. Questions Ahout Amount Did vou know the cheque paid to Taylor was for £144 ISs ?—I said I did not know what was paid. What was the amount of the agreed settlement ?—lt may have been £95 or close to £IOO. - , Witness acknowledged his signature ! on a paper acknowledging receipt of I £144 witnessed by Taylor. I Mr. Taylor was not a. solicitor, wit- | ness said,' but took the claim up on a percentage basis. Mr. Taylor was representing him in this case on the same terms —a percentage of what he recovered. Witness had been pine weeks in hospital with the ankle injury, but it did not make his foot numb. If Dr. Lamb reported that he was suffering from numbness which might last permanently that was not right. Basis of Arrangement His Honor: What is the basis of your arrangement with Taylor ? Witness: He is to get 10 per cent. His Honor: Does he pay your lawyer and all expenses out of that? —Xo. His Honor: I would like .to know what Taylor does for the 10 per pent. Mr. Goldstine: Can you tell us that? Witness: He will-tell you that himself. Mr. Goldstine: .Is he going to give evidence ? Witness: I don't know. His Honor: You are not so foolish as to give away money for nothing. What was Taylor to get it for? Witness: 1 suppose what Taylor did for the 10 per cent was to investigate the case. He takes over the uise. His Honor: He takes over the case all right. Witness said that at no time had lie instructed Taylor to make a settlement. If Taylor had made an offer to accept a certain amount in full settlement he did so without ivitness' consent or authority. An OSer Alleged Mr. Goldstine: Do you know that on May 27 last Taylor asked for a sum of £24 6s in full settlement of the claim? Witness: If he did, he did it withoutmy authority. Mr. Goldstine said the claim was made up of £8 loss of wages, £3 3s for medical expenses, £lO general damages. and £3 3s for Taylor's fee. Witness said Taylor had told him that the insurance company offered £3O besides his fee of £3 3s. Witness said he did not think it right to accept that. Mr. Slipper said that probably these negotiations had been without prejudice. "I did not know that' Mr. Taylor was on trial in this case:" he snid. 'T thought it was a trial for damages." Mr. Goldstine said he had the evidence of reputable and reliable gentlemen that there had been no mention of "without prejudice.'-' Mr. Slipper: 1 shall bring evidenee that the conversation was without prejudice. Agent to be Called Mr. Goldstine said his evidence go so far as to establish why Mr. Taylor's offer was refused. Mr. Slipper: I certainly propose to call Mr. Taylor and to give my friend an opportunity of cross-examining hini. His Honor directed Mr. Goldstine" not to pursue this matter further with Johnson. Dr. O. Fyffe Lamb, who had attended plaintiff, said he had advised him liot to settle the claim because his right knee joint might give trouble later. He had creaking in both his knee joints, and a form of arthritis. One cause of arthritis was injury, and he thought that was the cause in this case. He thought Johnson had had a considerable amount of pain, and he was likely to become worse. In cross-examination witness said he would not have reported about anaesthesia in Johnson's foot without making tests and the patient must have known of it. '1 he hearing will b*< continued toclav.