DAMAGES CLAIM

Bay of Plenty Beacon, Volume 11, Issue 19, 21 April 1947, Page 5

DAMAGES CLAIM

ROAD COLLISION SEQUEL WIN FOR PLAINTIFF One of those involved cases in which the element of responsibility is considerably in doubt was heard before Mr E. L. Walton, S.M., in the Whakatane Court last Wednesday when the Crown claimed the sum of £2B 8s 6d from Edgar Ernest Griffiths as the assessed sum of damages resulting from an accident on the Ohope Road on the evening of September 25 last, which was allegedly due to defendant’s negligence.

The parties involved were George Hunter Frater, Social Security Registrar (Rotorua) who was engaged at the time in making a tour of inspection with his assistant, Mr J. Cull (Mr Keen, Rotorua) and defendant who was represented by Mr G. Otley, of Whakatane. The accident occurred on a bend on the steep grade of the beach approach road, with plaintiff’s car returning to Whakatane and defendant’s car travelling to the beach. Plaintiff’s Story

Plaintiff in evidence said that the time was about 6.30 p.m. The car he was driving was the property of the Department by which the proceedings were instituted. After negotiating a bend, a car suddenly limbered up in front on its incorrect side, and in a matter of seconds the collision had occurred. He had edged his car, right into the watertable to avoid the impact, but defendant’s rear hub had struck his front mudguard, broken the fender and the headlight. He estimated his own speed at about 25 m.p.h. In his opinion the defendant had endeavoured to swing back on to his correct side at the last minute. He had, after the accident admitted that 7ft. of the 10ft. skid mark showing on the roadway had been caused by his car. Later with Inspector Sharp witness had again inspected the scene of the accident.

Traffic Inspector’s Evidence

Inspector Sharp, said that from the marks on the roadway, it was pbvious to him that the car going downhill had swung suddenly to its left to avoid the other car which had left its marks imprinted clearly in the watertable. To Mr Otley, he agreed that he had visited the spot next day, and that much heavy traffic must have used it between then and the time of the accident. Case For Defence

Defendant said he knew the Ohope road thoroughly having used it daily for 18 months. He never did more than about 20 m.p.h. going downhill on account of the dangerous turns. Any allegation that he had cut corners, driven on the wrong side or failed to keep a proper lookout were incorrect. He had first seen the other car, which was much heavier type than his own, coming round the bend ahead of him at a fast speed. Actually it was this excessive speed which threw Frater’s car across his path and was responsible for the accident. Had he (witness) been on the wrong side a head-on collision must have resulted. Frater’s car marks also were quite visible showing where he had swung out into the middle of the road. Frater had given him to understand that he would call” in and see him in the office next day, but he had failed to do this and he had only learnt by accident that he had taken Inspector Sharp over to measure the car marks in his (witness’s) absence. Only the fact that his car was so slightly damaged had prevented him (defendant) from filing a separate claim. The Magistrate observed that he could not reconcile the position of the wheel marks with the story of the defendant. He therefore found for plaitiff for the full amount plus costs and travelling expenses.