DAMAGES AWARD

New Zealand Herald, Volume LXXV, Issue 23036, 13 May 1938, Page 13

DAMAGES AWARD

CAB, COLLISION CASE ! JUDGM ENT AGAINST NURSE OTHER DEFENDANT EXONERATED [PROM OUR OWN HAMILTON, Thursday " We have exonerated Mr. Whittaker from all, blame as far as the accident is concerned, and we aro unanimous that Miss Gordon was guilty of negligence," said the foreman of the jury in the case concluded before the Chief Justice, . Sir Michael Myers, in the Supreme Court at Hamilton to-day, in which Bessie Ashton, wife of William Martin Ashton, retired postmaster, Rotorua, sought to recover £2138 12s damages from Edward Austin Whittaker,' commercial traveller, Rotorua, and Kathleen Gordon, nurse, Wanganui. Mr. M; H. Hampson appeared for plaintiff, and Messrs. W. J. King and A. R. Potter; appeared for the defendant Whittaker, while the defend'ent Miss Gordon' was represented; by Mr. B. Haggitt. The claim was originally foj the recovery of £2160, . but the amount was reduced by agreement :to £2138 12s. : _ The jury awarded plaintiff £l3B 12s special damages and £SOO general damages against Miss Gordon. Tho case arose out of a collision which occurred at the intersection of Ranolf Avenue and Malfroy Road, Rotorua, on the afternoon of July 18, 1937, between a car driven bv Whittaker and : a car driven by Miss Gordon, The plaintiff, a woman of 87, was a passenger with her husband in Miss Gordon's car, and was seriously injured. She alleged negligence against both car-drivers.

When the jury's verdict was announced, Mr. Hampson; asked for an extension , of .'time in which to appeal, on the grounds that the verdict was against the. weight of evidence. The extension sought was granted, .while the question of costs was reserved. Judgment was entered for plaintiff in accordance with the jury's verdict.