WIDOW SEES ROAD CRASH

Otago Daily Times, Issue 23706, 13 January 1939, Page 9

WIDOW SEES ROAD CRASH

AWARDED £2500 DAMAGES FRIGHT AFFECTED HER HEART (From Our Own Correspondent) (By Air Mail) LONDON, Dec. 21. If 100 people see an accident and suffer from shock, they can all recover damages from the person whose negligence caused the accident. That is. the legal'position created by the award of £2500 to Mrs Mary Smith, 49-year-old widow, of Clayton, Manchester, who suffered from shock after seeing a motor car and lorry collide in Manchester on June It was the second successful action of the kind within a week. Mr Commissioner J. D. Cassels, K.C., ordered that the damages and costs of the action should be paid equally by John Cunliffe, of Ashdale crescent, Droylden, the car driver, and Ambrose O’Brien, of Cheetham, Manchester, the driver of the lorry. "SHOCK DAMAGE”

Six days ago, in the Appeal Court, the Lords Justices allowed the-appeal of relatives, who claimed damages for shock after seeing a

tramcar crash into a funeral hearse.

They held that mental shock was as much “damage” as a broken leg. In yesterday’s case —at Manchester Assizes —counsel for Mrs Smith said the shock of seeing the accident had affected her heart.

She was in a terrible state of nerves, and would never'again enjoy any of the pleasures of life. A barrister explained the law on this point to me last night. He said:

“ If 1 slip on a banana skin which you have thrown on the pavement, I can sue you for damages. “If a dozen people who saw me slip down can prove that they suffered shock, they also have grounds for action against you.

“ I don’t know what the insurance companies will do about this. If they exclude this risk from their policies motorists involved in accidents will risk bankruptcy. It is a fantastic position."