Doctor Faces Claim for £2,584 Damages

Sun (Auckland), Volume II, Issue 592, 19 February 1929, Page 13

Doctor Faces Claim for £2,584 Damages

CYCLIST BADLY HURT REMUERA ROAD COLLISION An Auckland medical man. Dr. John F. G. Richards, faced a claim frr £2,584, in the Supreme Court this morning. The claim wajs made as a result of of a collision between the doctor’s motor-car and a motor-cycle at the intersection of Remuera and Green Lano Roads, on Sunday afternoon, March 11, 1925. The cyclist suffered a fractured spine, injury to the brain an«i other injuries which will permanently affect his ability to work. Plaintiff was Arthur Jack Woods, chauffeur (Mr. A. M. Gould). Dr. Richards was represented by Mr. Finlay and Mr. Wallace. The sum claimed consisted of £2.20u general, and £384 special, damages. Tho suit was heard before Mr. Justice Kennedy and a jury. “Hr. Richards did not act as a prudent motorist would ordinarily,” declared Mr Gould, “and lifelong injury has been caused to the plaintiff as a result of the collision. He has no memory whatever of what occurrred.” ! Counsel alleged that the doctor had failed to observe the off-side rule and had omitted ordinary caution. The defence was a denial of negligence and allegation of negligence on on the part of plaintiff. EVIDENCE OF MOTORIST Fercival Reece Wingrove, motor salesman, gave evidence that he was motoring along Remuera Road toward tho Green Lane intersection at about 20 m.p.h., when ho noticed defendant’s car emerging from Green Lane at about 12 m.p.h. Witness slackened speed because ho saw that the doctor apparently had no intention of observing tho off-side rule. Witness had to swing sharply behind defendant’s car in order to avoid a collision. Dr. Richards must have seen witness approaching. Plaintiff was coining up behind witness and collided with defendant’s car almost as soon as witness had swung to avoid it Plaintiff had a pillion rider and tho motor-cycle had practically kept company with witness’s car for a considerable distance from Mission Bav. Cross-examined by Mr. Finlay, witness admitted sounding no horn or giving any signal, but he immediately made allowance for the doctor doing anything. Defendant had been well on liis correct side of Green Lano on emerging. / In evidence Woods said he was oil years of age. He had been a motorcyclist for 17 years. At the time of the accident he and his friend were riding a 21 h.p. inn chi could not make any speed. The brakes were in excellent order. (Proceeding.) . (Proceeding.)