DAMAGES CLAIM

New Zealand Herald, Volume LXXV, Issue 23040, 18 May 1938, Page 18

DAMAGES CLAIM

INJURIES TO CYCLIST SUM OF £2834 8 OUQHT. ACCIDENT NEAR KUMEU ALLEGATIONS OF NEGLIGENCE A claim for damages amounting to £2834 was brought in the Supreme Court yesterday by Robert Paul Geary, civil servant, lately of Kumeu, but now of Auckland, aged 28, against Bellam » and Murray, Limited, of Auckland, contractors. On the night of June 3 last plaintiff, was riding a bicycle on the main highway near Kumeu and by coming into collision with one of the defendant company's motor lorries, he suffered the injuries for which he claimed damages. The case was heard by Mr. Justice Callan and a jury. Mr. Hubble appeared for plaintiff and Mr. West and Mr. Jenkins for the defendant company. At the time of the accident plaintiff was cycling northward tpward Huapai, and the defendant's lorry was coming in the opposite direction. Plaintiff claimed to have suffered severe shock, lacerated wounds in the head, broken fingers and a compound fracture of the left leg. As a result he had been totally incapacitated until March 31 and claimed he would be permanently partially disabled and suffer major disability. Defence Denies Negligence Plaintiff claimed £2500 general and £334 special damages, alleging that the accident was due to the negligence of the defendant company's driver in driving on the incorrect side of the road, in failing to keep a proper look-out, failing to slacken speed, and in other respects. The defendant company denied any negligence on its part, and said that the collision was due to the plaintiff's own negligence in failing to keep to his left, failing to keep a proper lookout, failing to signal a turn, and in other' respects. Mr. Hubble said that on the night of the accident plaintiff was riding a bicycle back to Kumeu by the Riverhead Road, carrying a new suit of clothes. The night was dark and foggy, and plaintiff was quite definite that his cycle was well lighted. When he got to the corner of the main road he was keeping a good look-out, and went well to the left on the main road. He saw lights coming through tho fog fairly fast and the vehicle cut the corner and came right at him, well on its wrong 6ide. Struck by Mudguard Plaintiff made a last-moment effort .to get across to the wrong side, continued counsel, but just failed to get clear and v was hit by the mudguard. Speaking of plaintiff's injuries, Mr. Hubble said it had been necessary to perform an operation to .stiffen his knee, and the result was that, though the leg was firm, there was no joint in the knee. - Plaintiff, formerly postmaster at Kumeu, said he had pulled over to the left just before the vehicle came straight at him, apparently travelling too fast.. The njjen on the 'truck drove him to the doctor's house and he was /subsequently sent to the Auckland Hospital. Further evidence will be heard this morning. ~