CLAIM FOR £1200

New Zealand Herald, Volume LXXVI, Issue 23273, 16 February 1939, Page 19

CLAIM FOR £I2OO

£-1-90 DAMAGES GIVEN PASSENGER'S INJURIES GRAFTON ROAD COLLISION Tim hen ring of a claim for damages by a man who mot with injuries while a passenger in a taxicab was completed before Mr, Justice Call.-m and a jury in the Supreme Court yesterday. The plaintiff was hdwnrd All worthy Martin, of Waiotira, farmer, aged 34 (Mr. Hubble, instructed by Jlr. Ellis). Defendant was William Herbert Ackroyd, of Mount Eden, traveller (Mr. North, instructed by Mr. Armstead). Plaintiff was a passenger in a car driven by Thomas White (Mr. Goldwhich collided in Grafton Road on June 16 with a car driven by defendant. Plaintiff claimed £203 special damages and £IOOO general damages for suffering and injury to health. Some degree of liability was admitted bv the defendant. Dr. Sclwvn B. Morris said that plaintiff was suffering from contusion or bruising of the brain. Witness estimated that ho might take up work again in from nine to 12 months. Dr. J. E. Caughey said this was definitely a bad case of cerebral contusion, and it would be at least 12 months before plaintiff could undertake heavy duties. Further evidence of the plaintiff's disabilities was given by a nurse and by his brother. Mr. North submitted that the claim was a most excessive one, having regard to the nature of the injuries. He said there was no permanent disability. Mr. Hubble said that none of the doctors could say how long the man would take to recover or whether all his symptoms would ever ultimately disappear, and £IOOO was little enough to ask. His Honor said the jury had to decide what in its opinion was a fair and reasonable amount to give to the plaintiff for those consequences which had come to him as a result of the defendant's negligence. It seemed to him that the claim of £IOOO was extravagant in the circumstances, and he was at a loss to know how it could be justified on the evidence. The jury awarded £lB4 special and £306 general damages, making a total of £490. Judgment was entered accordingly with costs.