COLLISION SEQUEL

New Zealand Herald, Volume 82, Issue 25216, 31 May 1945, Page 7

COLLISION SEQUEL

£2OOO DAMAGES SOUGHT MOTOR-CYCLIST'S CLAIM A claim for damages by D'Arcy Mot) ald Growden," motor driver, aged MO (Mr V. R. Meredith and Mr Viaioux), came before Mr Justice Callan and a jury yesterday. Plaintiff was involved in an accident in October, 1943, when he was driving a motor-cycle along Dominion Road outward from the city. At tlie corner of View Road lie came into collision with a motor-car driven by Charles Horace Cornish, foot specialist (Mr Weaton). Plaintiff alleged that the accident had been caused by the negligent driving of Cornish and he claimed for £638 special damages, including £585 for loss of wages, and £I4OO general damages. The defence was a denial of negligence and an allegation that the accident was clue to contributory negligence ( m the part of the plaintiff. .Mr Meredith said the accident happened at 11 o'clock in the morning, when the plaintiff was going to his home. He was an expert motor-cyclist. As a result of the accident he suffered complete loss of memory and could give no account of what happened, but two women who would give evidence had seen the accident. The cycle was afterward found to be in second gear. It was the careless turn of the defendant that made the accident inevitable, and plaintiff was thrown over the bonnet of the car and landed on his bead and shoulder, Mr Meredith con- ■ inued. Plaintiff was now deaf in the eft ear and had persistent violent headaches. He had completely lost all sense of smell and suffered from temporary "blackouts." Donald D. McKenzie, neuro-surgeon, .aid that plaintiff bad had a very severe bead injury and his progress in hospital for a time was extremelv slow. Witness thought that he should now be attempting light work. Witness expected the partial deafness and noises to be permanent. , Evidence was given for the plaintiff by two women wlio witnessed the accident, and the hearing was adjourned until today.

COMPENSATION PAY LEAVE TO END SOUGHT A claim to end the compensation being paid to a waterside worker, .lames Duncan, aged 51 (Mr Fawcett), was brought by Ills employer, the New Zealand Shipping Co.. Ltd. (Mr Hatner), before Mr Justice O'Regan yesterday. Imuran fell down a ship's iiold on October 0. tO't'i, and suffered a scalp wound, concussion, a simple fracture of the base ot' the spine and the fracture of four ribs. He Is being paid compensation at the rate of £•'» 10s a week, amounting to £llß up to April 7. Evidence was given on behalf of the Waterfront Control Commission that Duncan bad gone back to work on trial from April 23 to May 25. During that time he had .earned £lB 18s*' 9d. including overtime, or an average of £8 ;is Id weekly. In one week he worked 3f> hours ordinary lime -and 21 hours overtime, making a 101 a I of 57 hours. The respondent gav« evidence that while he was recently employed on I rial the work had been comparatively light. His males knew that he had lately come out of hospital and gave him a hand, lie bad done every job offered to him, but il remained to be seen whether he could handle 1501b sacks of wheat and polaloes. The hearing was adojurned unlit .June II to enable Mr Fawcett to call medical evidence.