DAMAGES AWARDED.

Star (Christchurch), Volume LXVI, Issue 20233, 17 February 1934, Page 9

DAMAGES AWARDED.

Action Against Masterton Dentist. UNUSUAL CLAIMS. (Special to the “ Star.”) MASTERTON, February 17. In the Magistrate’s Court this morning, judgment was given by Mr J. Miller, S.M., on two' civil actions, in which many of the facts and much of the legal arguments were common to both plaintiffs. John Martyn Archer, of Carterton, and Davey Douglas Palmer, of Masterton, alleged that whilst each was under an anaesthetic for the extraction of teeth, a hot water bag was so improperly allowed to come in contact with each plaintiff that each received burns on his heels. A peculiar coincidence was that the operations took place on successive days. In both cases Basil Peter Colvin, dentist, and John Cennick Forsyth, a medical practitioner, both of Masterton, were the defendants, with William John Grose, a dental technician, formerly of Masterton and now of Auckland, added as a defendant in the case of Palmer only. At the conclusion of the hearing in Palmer’s case a non-suit was given in respect to Grose, es no partnership or act of negligence had been proved. Plaintiff's were non-suited as far as the defendant Forsyth was concerned, the Magistrate holding that the use of the hot water bag was not part of the preparation made on behalf of the anaesthetist. Judgment in each case was entered against the dentist, Colvin. Archer was awarded £32 6s 6d with costs, including £2O by way of general damages, and Palmer £IOB 19s 2d, with costs, the general damages in this case being £6O. Costs were awarded to both the successful defendants, Forsyth and Grose. The cases are the first of their kind to come before the Court in New Zealand, and the decision is of particular interest to the medical and dental professions.