DRIVER INJURED

New Zealand Herald, Volume LXXVII, Issue 23592, 28 February 1940, Page 14

DRIVER INJURED

CLAIM FOB DAMAGES

SUPREME COURT CASE

SEQUEL TO 1937 COLLISION

Injuries received in a motor collision that occurred in Jcrvois Road on August 2-1, 19:57, were the subject of a claim for damages brought before the Chief Justice. Sir Michael Myers, and a jury in the Supremo Court yesterday. The claim was brought by J. H. Harrison. driver (Mr.'Haigh), against Trevor Arthur Watts, electrician (Mr. North)., A van driven by the plaintiff was involved in a collision with a-motor-car driven by the defendant, and as a result the plaintiff received injuries to his neck, shoulders and spine. He claimed that he had been totally disabled from the time of the accident until September 13, 1937, and again from the end of March, 1938, to the present time. He claimed that his left hand and left arm wore permanently useless and that he would not in future be able to undertake any form of employment. For this he sought £4OOO general and £5lB 16s 6d special damages. Eacli party denied negligence and alleged that the accident was duo to various acts of negligence on the part of the other. Case lor Plaintiff Mr. Hnigli said that prior to the accident plaintiff was a very active man. Plaintiff'* van was making a complete turn in Jorvois Road in order to return ■to the city when it was struck by defendant's motor-car, proceeding from the city. At the time of the impact the front wheels of plaintiff's van had reached the tramlines on the far side of the road, so that, in striking the van, defendant had come across to his incorrect side. Prior to turning, plaintiff had put out his hand and had looked to the rear, where ho saw nothing approaching. | Dr. T. W. J. Johnson said plaintiff I could walk only with the aid of a stick, and witness did not think his condition would ever improve. His paralysed condition was due to the accident. Cross-examined by Mr. North, witness said he based the last opinion upon the face value of the history of the case given by the plaintiff. If it was established that plaintiff already had signs of pains in His legs and back prior to the accident that would wholly dispose of his argument. In such an event, witness could not even argue that the accident accentuated the trouble. Hearing Adjourned Plaintiff said that prior to the accident lie had none of the trouble with his limbs that lie had since experienced. To Mr. North, witness said he did not see the car until his van was hit. Witness denied that he himself was carrying out a dangerous manoeuvre. William John Ward, who was in the window of a near by shop when, the accident happened, said he saw a car '"fly past" 'and the next thing it had gone "smack into the van." The van had been travelling slowly. After further evidence, plaintiff's case was completed at 10.30 last night and the Court adjourned until this morning.