INJURIES IN CAR ACCIDENT

Hawke's Bay Herald-Tribune, Volume 81, Issue 39, 9 November 1937, Page 7

INJURIES IN CAR ACCIDENT

-Press Aagociation.J

Deceased Wojnar/s Estate Claims Damages ACTION UNDER NEW LAW

(By Telegraph-

AUCKLAND, Livst Night. A motor accident wliich gceurrgd oi the Taupp rgad on April 5, 1936, wa! the subject of a claim for damages be fora Mr. Justice C^Jian and a jjury ii tlig Supreme Court. The action was brouglit by Mrs. AIgrgaret Phyllis Mg.rtin and Albert Victer Baker, junr., g,s administratora of the estate of the late Mrs. Helen Elizabeth Baker, whp waa the vigtitn of the accident. The claim was made against Miss Eubina May Hudson. Deceased was a passenger in a taxbcab driven towards Taupo on April 5 and QP a bend it met a car driven in the opposite direction by defendant. Mrs. Baker suffered ^evera Qpncussion with an injury to the braip, head and lipibs, and she was confined to bed uhtil her death occurred on October 7, 1936. Plaintiffs alleged that the accident was due to defendant's negligent driving and they claimed £500 general daipages and £256 15s sp$eiai damages for medical and nurging expenses. An unusual feature of the case was th^t plaintiffs admitted that the accident was not the cause of death. ISTegligence was admitted by defendant and the only contest was as to the amount pf damages. Mr. Goldstine, for plaintiffs, said il was th§ flrst claim ia Auckland made under the La^/- Eefom Act, 1936. Prior to this Actfif a person met with injuries in an accideat and died from some other eause the claim for injuxies received in the accident died with the victim. Under the pew law, however, the esecutors er adnjinistratqrs of a. deceased person Js" estate ,vt'er0 entitled to claim for the benefit of that estate the damages fof injuries received in the ae«ideat and the resultant pain and suferin®. Thg presept claim was of this nature. His HonOur said- the case was a novel one but it was their duty to join in admini'stering aa Act that had feeen passed, Pafliainent had said "it is not right and decent that a wrongdoer should proiit by an injurcd person 's dying and -he should not have any good fortupe in that way, If the injured persoa die§ "tbe wrongdoer hue g°fc Pa7 intq his estate the same money as it would have been proper for him to have paid to the injured pereen himself. "The jury had to consider for general damages what .wpuld have been a |air pmouht of money. to give personaJly to this lady for two things only, for being kept in bed for sis months and for the pain apd suffering she endured-" " The jury gwardea £®50 general damages apd £1^2 !§? sp§cial damages and ..iudgment was enteyed accordingly.