PRE-WAR ACCIDENT

Auckland Star, Volume LXXIII, Issue 121, 25 May 1942, Page 6

PRE-WAR ACCIDENT

CLAIM FOR DAMAGES

The assessment of damages on a claim arising from an accident that occurred before the war was the subject of an action in the Supreme Court to-day before Mr. Justice Callan and a Jury. Plaintiff was John Frederick Rowlands, carpenter, aged 22 years (Mr. H. A. Anderson), and defendant Albert Veart, mechanic, Dominion Road (Mr. Goldstine). Mr. Anderson said that plaintiff was riding pillion on a motor cycle, on the evening of February 18, 1938, when the cycle came into collision with a motor car driven by defendant. Plaintiff suffered severe concussion, a broken left leg, and a broken left wrist, and after a period in hospital came out with the left leg permanently shortened an inch and a half. He worked a fortnight and then enlisted in the army and went overseas. On the transport the weakness of ,his left leg was detected, and in Egypt he did Y.M.C.A. work before being posted back home and discharged. He was back at his trade, but still suffered disability by reason of the shortened leg and recurrence of severe headaches. Counsel said special damages had been fixed by agreement at £283, and the only thing for the Jury to decide was what amount of special damages should be awarded. Evidence was given by plaintiff of his accident and subsequent disability, and medical evidence is proceeding. _.. , For the defence Mr. Goldstine said that the sum of £750 claimed as general damages was held by the defendant to be excessive In view of the fact that practlcarly no permanent physical disability was caused by the accident. Medical evidence is being heard as to the present condition of plain-1 tiff.