MOTOR CRASH.

Star (Christchurch), Issue 17567, 18 June 1925, Page 10

MOTOR CRASH.

COLLISION ON COUNTRY ROAD. WOMEN CLAIM DAMAGES. A series of claims arising out of a motor accident, in which two ladies were severely injured, came before Mr Justice MacGregor and a jury of twelve in. tho Supremo Court to-day. Plaintiffs were Martha Jane Hill, Hazel Dashwood Sim, Wilfred Joseph Sim, barrister and solicitor, and William Smith Mac Gibbon, public accountant; and defendants were Tracy Gough and Charles David Gough. The total claims amounted to £IB9B 7s lOd. The individual claims are : Mrs Hill—Special damages £l3 ss; general damages £1250. Mrs Sim—General damages, £4OO. Air Sim—Special damages, £126 13s. W. S. MacGibbon—Special damages, £IOB 9s lOd. The .accident was on November 14 last on the Lees Valley Road, near Ashley Gorge. Plaintiffs, in their statement of claim set out that they were in Mac Gibbon’s car. At a dangerous corner: it .met a car owned by C. D. Gough and driven by Tracy Gough, as the servant or agent of O. D. Gough. The Goughs’ car was driven so negligently down hill that it collided with Mac Gibbon’s car, and all the plaiutiffs were ''injured. Gough drove at an excessive speed, without warning, and without baying his car under proper control, and was on his wrong side. Mrs .Hill had been permanently incapacitated from any form of activity. Mrs Sim was confined to her bed for a month and had to receive massage and probably would havo to undergo special surgical treatment to her nose and cheek. Mr Sim had been put to. expense for nursing, hospital and medical attendance. Tim defence was a denial ot liegli genco and excessive speed and of the other' allegations in the statement ot claim. In addition it was alleged that. Tracy' Gough was properly, carefully and reasonably using the road, and that M’Gibbon was negligent as he drove round a corner on a. dangerous part of the road at an excessive speed, without warning and without having his cai under proper control. Air Donnelly, with him Mr Thomas, appeared for plaintiffs, Mr M. J. Gresson for Tracy Gough, and Air Upham for D. Gough. Mr Donnelly said that the accident happened about 4.30 p.ui. Plaintiffs’ party had gone out to the Ashley Gorge intending to go on to Lees Yol ley Road. It was a good hill road The accident was about five miles Tip 1 that road,, at a rounded corner. The road was cut out of the hillside, with a face on one side and a drop of hundreds of feet on the oilier sido Two cars couhl pass easily at the- cornel M’Gibbon’s car weighed about 21cwt.. Gough's weighed about 35cwt. M’Gibbon drove slowly up the. hill on the second gear. He approached the coiner at about eight miles an hour. He saw the other car coming down the hill. The collision was head-on. M’Gib bon’s windscreen was shivered and lit was cut on the right hand. Airs Sin. was severely cut on the face. Air Sim and Airs Sim and Airs Hill vert thrown forward striking the strut of the hood; all of them were cut and bruised. At’Gibbon’s car was driven down hill. Mr Sim caught up liis child and got out of the car while it was moving. Airs Sim also got out before it stopped. It was claimed hat in the circumstances Gough should have exercised more feare*. ~ He., was oh tho wrong side, g;aye no warning, and did not- have his ear under proper control Al'Gibbon on the other hand, as soon as lie saw* the other car, declutched his own car and stopped. Gough had admitted that he preferred a head-on collision to the risk of going over the side. Mrs Hill and Mrs Sim were substantially injured. Mrs Hill, an old lady, had become a chronic invalid, tlic result of the accident. She suffered from high blood-pressure, and a dilated heart. Airs Sim, a young woman, was severely cut on the cheek her nose was injured and she had been disfigured. Dr Burnett, of Oxford, performed a wonderful surgical feat in treating Airs Sims’s injuries, but she still had a scar cm the face, and her rose was still injured. The stun of £4OO was claimed for disfigurement of a pretty you no: woman "William Smith Mac Gibbon said that the road was easily graded, with an exceptionally good surface. Witness was on the second gear. Near the corner he did nine to ten miles an hour, and sounded his born. He saw Gough’s car about twenty cards a wav. He declutched and put on the foot brake. Gough’s car continued down hill and struck witness’s car- Witness felt his car being driven down bill for about twenty five feet. Witness said: “Gough, what arc yon doing on that side of the road when there is available space on your right side?” Gough said: “I saw that acillision had to occur; rather than go outside I took you bead on.” The outside of the road fell steeply to. the river. After the accident he saw blqodmarks on the face of the hill. Mrs Sim, at the time of the accident, had to put her band against tho face for support, the car was so close into the hill. The drving surface of the road was sixteen 1 or seventeen feet. Witness’s ear was new and bad done only 250 miles up to the time of the accident. TJe made no claim for his injuries, which were fairly severe, but Lis car was damaged bv the accident. To Mr Gresson : He was an experienced motorist. Tho road was an absolutely safe one. There were many corners an it that could be taken at more than ten miles an lour. He went slowly round them. He would take Afr Gresson round one at fifteen miles. lie could pull up in a yard and a half at ten or twelve miles an hour uphill. Gough’s car cam© on without slackening. Witness’s car had stopped at the time of impact. Ho bad complete freedom in getting ot the brakes. The road there was narrower to-day that at the time of the accident. Mr Gresson: Have you paid anything to Afr Sim in respect to the accident?—l asked hi id if I could help in paying medical expenses, as lie had had same exceptional 1*- lieavv medical expenses. I advanced him £6O. but not because I felt I was responsible for the accident. To Air Thomas: He advanced the sitm to Mr Sim. in Decembe*. and Air Sim thanked him for the advance. Mrs Sim said that Mac Gibbon was going slowly and sounded bis born all the time, tho*e in the car commenting on it. Mac Gibbon’s car was pushed back down hill. The car vrns j”st moving when witness got out. She had to lean over and touch the bank. She was in Oxford Hospital for twoi weeks and was in bed at her home for n month. Airs Hill was in *he hospital fcT about two weeks. Injuries to witness’s nose wore the worst. The scar on her cheek was more troublesome in the cold weather. Airs Hill seemed quite well before the accident

—very vigorous and energetic—but was very ill indeed now. Witness did not hear Gough’s horn. To Air Gresson: It- was no.t a nice road to drive on. She did not feel nervous, because Mac Gibbon was driving so carefully. Her injuries did not. affect her power of observation at the time. William Joseph Sim said that if MacGibbon had not. driven at a. careful speed he would have protested, on account of th© ladies in the car. Mao Gibbon was well on hie proper side. Witness saw Gough’s car bearing down like a train at a slight angle. Witness had a. distinct thought in his mind: ” Why doesn’t it stop?” Witness was operated on in the Oxford Hospital. Mr Gough, senior, said to witness that if it was not for Tracy Gough’s generalship in running into AfacGibbon’s car, all of them would have been over the bank.