£608 DAMAGES

New Zealand Herald, Volume LXXVI, Issue 23275, 18 February 1939, Page 19

£6OB DAMAGES

SEQUEL TO COLLISION MOTOR-CYCLIST'S INJURIES CLAIM MADE FOR £IBO2 Damages amounting to £IBO2 were claimed in a Supreme Court action yesterday by Arthur James Palmer (Mr. Turner), an architect, who was injured in a collision at Epsom on May 7 last year. The case was heard by Mr. Justice Callan and a jury. The defendants were Mrs. Barbara Stewart and the driver of Mrs. Stewart's car at the time of the accident, Arthur Purvis Smith (Mr. North).

The car collided with a motor-cyclo which plaintiff was riding at the corner of Onslow Poad and St. Andrew's Road. The defendants admitted that the accident was due to Smith's negligent driving, the jury being called on to consider only tha amount of damages. Spine Broken Mr. Turner said that the accident broke plaintiffs spine and three ribs and injured his shoulder and right knee and chest. As a result he had suffered severe and long continued pain and for 17 weeks had had to wear a plaster jacket. Medical treatment had been long continued and painful and it was still going on. Some of his injuries would have permanent effects. He had been totally incapacitated up to the present time and would be for a further two months. He expected to be nhle to do only part-time work for a further six months after that.

Plaintiff was 51 years of age and was an architect's draftsman employed at £6 a week. He was claiming £1550 general damages and £252 special damages, chieily for loss of wages and for hospital and medical expenses. Medical Opinions Evidence was given by the plaintiff and by Dr. A. A. McDonald, who said that the spine would be permanently out of alignment to a slight degree and stiffness would probably persist for another 12 to 18 months. He thought the pain might improve, but he did not think it would ever go away completely. Dr. M. Axford said he expected the plaintiff would make a practically complete recovery. Eighty per cent of such cases recovered sufficiently to allow the man to return to his for mer occupation within two years. Dr. S B. Morris said that plaintiff's present stiffness would wear off. His present degree of movement was not worse than that of quite a number of men of 51 years and would probably improve considerably in the next few months. While it was impossible to be dogmatic, witness would not expect plaintiff to bo permanently disabled. After an hour's retirement, the Jury returned a verdict awarding plaintiff £252 special and £356 general damages. As payment had already been made into Court by defendants larger than the total sum awarded, Mr. North moved for judgment. His Honor said that formal judgment would be for the defendants but plaintiff would be entitled to receive from the Court the amount of damages awarded, less defendants' costs.