£979 DAMAGES

Hawke's Bay Herald-Tribune, Issue 106, 21 May 1937, Page 11

£979 DAMAGES

Jury's Award in Accident Claim Arising out of an accident on the Hastings-Napier road, Charles Thomas Luxon (Mr O. W. JSTash) claim'ed £229 4/5 special damages and £2000 general damages from Steve Kuzmich (Mr H. B. Lusk) in the Supremo Court at Napier yesterday bofore the Chief Justice, Sir Michael Myera, The plaintiff wa® injured when he was knocked dowu by a motor-ear drivcn by the defendant ancl « cla.bncd ibat defendant showed negligence in that he was travelling at an excessive speed, failed to keep a proper look-out and failed to stop when he had a clear view. The jury returned a verdict asscssing general damages at £750, with £229 4/5 special damages. The defendant admitted negligence and his liability to pay dainages and also agreed to the amount of special damages claimed, so that the only point left to the jury was to decide the amount of general damages to which the plaintiff was entitled, this being the pOint in dispute. The following jury was empanelled — W. G. Neward (foreman), T. M. Higgins, iv. Gollop, R, Wright, I. H. Alexander, T. Griffin, H. J. Thompson, J. H. Commons, J. Jones, V. J. Cushing, J. McGhee, C. H. Johnson. 1 The case was marked to a great extent by argument between his Honour, and the two counsel, it being contended by his Honour and counsel for the defence that a great deal of the evidfence called by counsel for the plaintiff was unnecessary in view of ,the admissions of the defendant. His Honour several times asked Mr Nash whether detailed medi'cal evidence he was calling was not too technical to be understood by the lay mind, and at one stage Mr Lusk said he would forego calliug his medical witnesses if Mr - Nash did not call his second medical witness. 4I always feel the best way to state a case is the simplest way," interposed his Honour.