DAMAGES FOR INJURY

Taranaki Daily News, 18 February 1933, Page 6

DAMAGES FOR INJURY

MOTOR CYCLIST GIVEN JUDGMENT.

ACCIDENT ON PATIKI ROAD.

General damages totalling £325 (instead of £6OO claimed) and £B5 16s' 6d special damages were yesterday awarded lan Kirk, Hawera, on his claim in the Supreme Court against Robert Hall Gatenby, Te Kiri. Kirk and Willcox (on the pillion) had riden a motor-cycle that collided with Gatenfcy’s car on Patiki Road, near the comer of Skeet Road, between 1.30 and 2 a.m. on, July 14. Judgment was entered for £4ll. 16s 6d, •with costs according to scale, witnesses expenses arid disbursements, and £5 5s for the second day of trial. . Continuing the case for the defence Leonard Irwin Wills, formerly guide, at the Dawson Falls Mountain house, corroborated the evidence of the other occupants of Gatenby’s car. regarding the accident. . Cross-examined, h® said Gatenby did not seem concerned about the fact that he did not have a driver’s license. He had said it was not his fault that he did not have a license immediately before the accident. . Mr. A. A. Bennett (for Gatenby) and Mr. A. K. North\ (for Kirk), then addressed the jury and his Honour summed up. Referring to damages, his Honour said that the claim of £1 10s for repairs to the cycle had been abandoned. Special damages claimed totalled. £B6 16s 6d, comprising £17.11s for hospital expenses, £l9 5s 6d for three,months’:loss of wages and £5O for loss of ln connection vrtth the -last item his. Honour said it was not usual to allow anything for loss of position, as when the man. recovered he was in? normal time, able to go to .work again. But at.these times, positions were rare and difficult to obr tain, and so the jury might allow.something for the fact that Kirk, through the accident, had lost a position and.could not recover it. Had he not had. the cident he would probably- still-have his position. The jury, however, need not award the full amount .claimed, but should assess the amount at what it thought propar. ' ‘. The jury retired at 11.40 aan. and returned at 3.10 p.m. ' ’ ’