CLAIM FOR £1200

New Zealand Herald, Volume LXXVI, Issue 23272, 15 February 1939, Page 16

CLAIM FOR £I2OO

SEQUEL TO ACCIDENT

TAXI PASSENGER'S INJURIES GRAFTON ROAD COLLISION A claim for damages arising out of a. motor collision at tho corner of (I raff on Road and 'Wynvard Street on .June 16 was brought before Mr. Justice Callnu and a jury in tlie Supreme Court yesterday. The plaintiff wnrd Alhvorthy Martin, of Waiotira, farmer, aged 34 (.Mr. Hubble), who took action against "William Herbert Ackroyd, of Mount ' Eden, traveller (Mr. North, instructed by Mr. Armstead). The plaintiff was a passenger in a taxicab driven by Thomas White (Mr. Goldstine), which was proceeding up Grafton Hond toward Synionds Street when it came into collision with a car travelling in the opposite direction and driven by Ackroyd. When the cars collided Martin was thrown forward against the front seat of the cab, -and claimed to have suffered bruising of the brain, bruised ribs, a broken nose, severe shock and general impairment of health. For this ho claimed £IOOO general damages, and special damages amounting to £203 for hospital and medical expenses, board and loss of wages.

Mr. Hubble said the defendant admitted some liability in this matter, and tho only question to be considered was the extent of the damages. The plaintiff was in hospital after the accident for over two months. He was entitled ,to fair and reasonable compensation for the loss and pain he had suffered, and that was all that was being asked. Bight up to the present lie suffered every day from severe headaches, and he had attacks of dizziness and giddiness.

Tho medical opinion was that plaintiff would eventually recover, but the doctors could not be certain of that. It was thought that lie would be able to resume some typo of light work after nine or twelve months.

The plaintiff and Dr. Trevor de Give Lowe gave evidence in support of the claim.

Dr. Donald McKenzie gave evidence for the defendant, saving that, although he judged the plaintiff to be quite honest, ho was making the most of trivial matters, it was a case of neurasthenia from which he might recover in a few months.

Hie hearing of medical evidence will be continued to-morrow.