DAMAGES SOUGHT

Evening Post, Volume CXIX, Issue 33, 8 February 1935, Page 5

DAMAGES SOUGHT

SEQUEL TO ACCIDENT

CLAIM FOR £1100

A claim tor £1000 general damages and £107 special damages for injuries received by the ' plaintiff in a motor vehicle accident at Pahautanui last November was heard in the Supreme Court today by Mr. Justice Reed and a jury. The plaintiff was Baden Powell Goodlad, fisherman, Island Bay, and the defendants were Eric Tomkies and Norman A. Tomkies (trading as the Wellington-Raetihi Transport Company), first defendants; and ,; W. H. Mangin, general carrier, Island Bay, sepond defendant.

Mr. O. C. Mazengarb', with him Mr. D. McGrath, appeared for the plaintiff, and Mr. E. Parry for the defendants.

The statement of claim set out that on November 10, 1934, the plaintiff was a fare ; passenger in a motor vehicle owned by the second defendant and proceeding on a journey from Otaki to Wellington. While on that journey the motor vehicle in which the plaintiff was a passenger came into violent Collision with- a motor vehicle owned oy, and being'driven on behalf of, the first defendants in a northerly direction through Pahautanui. The :ollision happened, it was alleged, as a consequence of the negligent driving of either one or both of the vehicles swned by the defendants. Each of the iefendants disclaimed liability, and contended that the plaintiff suffered iis injuries through the negligent drivng of the other defendant vehicle, rhe plaintiff was in doubt as to which ariver -was responsible for the colision, and therefore sued the regis;ered owners of both vehicles. Witiv jut prejudice to" the contention that 30th vehicles ;were negligently driven, :he plaintiff alleged that the accident vas due to the negligence of the driver employed, by the first defendants in :he following ; respects: (1) He was Iriving at a speed that was too fast laving regard to the circumstances of •he case; (2) that he failed to sound iis horn or give warning that he was :oming round a bend; (3) that he irove his vehicle from the middle line )f the road on to the wrong side; (4) hat he failed to stop or slow down sefore coming into contact with the )ther vehicle; (5) that he failed to teer clear of the other vehicle. As a •esult"of the accident, it, was stated, he plaintiff received severe bodily njuries and had to be removed by imbulance to the Wellington Hospital, md had to receive further surgical and nedical treatment. The plaintiff had ;ndured much pain and suffering as a esult of the accident, and had been >revented for some time from earning my money, would not be able to ;arn any money for some time to come, md would be permanently partially iffected as a result of the accident. The njuries sustained by the plaintiff vere (a) a lacerated wound on the eft forehead; (b) a, severe wound on he nose, causing deformity of and >lockage of the nose; (c) fracture of >olh cheekbones; and there were other njuries. Mr. Mazengarb said that in this case iability for the accident was admitted, md the only question that would come >efore the Court was the amount of lamages to be awarded to the plaintiff i?he chief injuries were that the plainiff s face had been partially basned in, us nose had been fractured, and his ipper jaw had been dislocated. Medical evidence was heard in re-ard-tp.tho extent,of the injuries, susained by the plaintiff and as to how uch injuries would' affect him in the uture. (Proceeding.)