INJURIES TO BACK

New Zealand Herald, Volume LXXV, Issue 23205, 26 November 1938, Page 22

INJURIES TO BACK

TEAMWAYMAN'S CLAIM STRUCK CLEANING POINTS ACTION FOR £2345 DAMAGES TRANSPORT COMPANY SUED A Transport Board employee who was injured while cleaning out tramway points on Beach Road on October 8 of last year brought an action for damages in tho Supreme Court yesterday. The case was tried by Mr. Justice Callan and a jury. Plaintiff was Leo David Smith, aged 35, of Parnell (Mr. Sullivan), and the dofendant tho Northern Transport Company, Limited, of Whangarei (Mr. Goldstine). It was admitted that while Smith was stooping down attending to tho points ho was struck from behind by one of the defendant's trucks, driven by Stanley Trovor Davis. He suffered fractures of the spine and claimed that he still had marked limitation oi: its movements and was unable to reiiumo regular work. / The Point at Issue

Negligence was admitted, and the matter at issue between tho parties was tho amount of damages to which plaintiff was entitled. He asked for £2500 general and £345 special damages. A sum of £lB2 has already been paid plaintiff under tho Workers' Compensation Act by tho Transport Board. Plaintiff said ha had been in tho employ of tho Transport Board for 14 years. Ho was a married man with four children, all of school ago. In answer to Mr. Goldstine, witness said ho had been getting, in addition to two-thirds wages, 30s a week for Bix months and 15s up to the prtsent time from the Transport Club, to which he belonged.

A Medical Opinion Dr. \v. H. Horton said that plaintiff could not go back to his ordinary work because he could not stoop satisfactorily. All his movements were very plow and- awkward, and his chance of employment was restricted. For ordinary labouring work ho would be unemployable all his life. • In answer to Mr. Goldstine witness expressed the definite opinion phat plaintiff suffored from compression fractures of four vertibrae. ; ! After the luncheon interval Mr. Sullivan asked that all witnesses, especially medical witnesses, bo ordered out of Court.

Mr. Goldstine said it was the :first time he had ever experienced such a request. His Honor said he thought it wiis a request that should be granted, and he made an order accordingly The witness disagreed with Mr. Goldstine's suggestion that plaintiff should be back to his normal work in from three to six months. Olub Benefit Rules Evidence was given by a Transport Board employee that the benefits plaintiff received from the Transport Uub were dependent on his payment, of regular levies and contributions. After 52 weeks he would be entitled to Tiji 6d a week at the pleasure of the committee. He had already been paid £6O. According to tho rules the_ club Wiltuld be able to claim back what it had him if he was awarded damages m this case. , , Dr. T. H. Pettit said that plaintiff could not now bend down, and : the rigidity of his back precluded him irom following his former occupation. Driving a lift would bo about tho hardest thing he could do. ■ The case was adjourned until Monday afternoon.