CAR GOES OVER BANK

Sun (Auckland), Volume IV, Issue 1063, 29 August 1930, Page 10

CAR GOES OVER BANK

TWO PASSENGERS CLAIM j, £2,100 DRIVER ADMITS NEGLIGENCE From Our Oxen Correspondent HAMILTON Thursday. Following an accident when a ser-vice-car went over a bank at Karapiro on the Cambridge—Tirau road, two passengers who were injured claimed damages in the Supreme Court today, before Mr. Justice Smith. The plaintiffs were Frederick John Evans, furnituie salesman, of Auckland, and his wife. Amy Alice Evans, and they claimed £1,423* 14s and £722 3s damages respectively from Albert Newby, service-car proprietor, Hamilton. ” Mr. W. J. King appeared for plaintiffs and Mr. P. H. Watts for defendant. Mr. King said the plaintiffs were ; travelling in defendant’s car from Hamilton to Rotorua. When passing Karapiro at 7.30 p.m.. the car, on reaching a corner, did not turn, hut went ahead and, turning three somersaults, fell into a gully S2ft below the road. The plaintiffs, who were injured in the accident, alleged that, the driver of the car, Walter Cecil Pafcl, drove at an excessive speed and failed to keep a proper look-out. F. J. Evans suffered a fracture of the lumbar vertebra and other fractures. Mrs. Evans suffered a fracture of two ribs and bodily and mental shock. Mr. King added that a child of the plaintiffs had also suffered in the , accident and this had greatly accentuated the neurasthenic condition of Mrs. Evans. INJURED MAN’S STORY The plaintiff, Frederick John Evans, gave evidence on the lines of coun- J set’s statement. He claimed compensation on the basis of £6 a week, plus special damages. Witness said he was quite unfit to carry on the work of a furniture salesman and was unable to do clerical work. William Selwyn German, farmer, I Paterangi, a passenger in the car at the time of the accident, said the car was travelling at 35 miles an hour. There was no skid and the brakes were' not applied. There was no obstruction and the road was in excellent order. Witness considered that the speed was excessive at the corner. Mr. King submitted a Court record showing that Pahl had pleaded guilty to a charge of negligent driving on the occasion of the accident. EVIDENCE OF DISABILITY Dr. R. S. A. Graham estimated F. J. Evans’s permanent disability at 40 per cent. Mrs. Evans was a mass of bruises from head to foot. She had since recovered from these injuries, but complained of pain, and was neurasthenic. Her son’s condition retarded Mrs. Evans’s complete recovery. Dr. G. W. Gower said Evans’s most serious injury was the fracture of the body of the vertebrae, which affected the whole spine. Witness thought plaintiff would he able to do clerical work in six months’ time. His future disability would he 50 per cent. Mrs. Evans was still suffering from shock and neurasthenia. Mr. Watts said that in view of the positive evidence given by the witness, German, he would not‘pursue his defence denying negligence, and the only question at issue would be the quantum of damages. Dr. Peter Macky, Auckland, said he examined the plaintiff F. J. Evans in July. Witness considered he had mado a good and rapid recovery from the injuries he had received. For a 'long time he would feel a weakness in the hack, hut there was no reason why he should not regain his full strength. Dr. Archibald Joseph said he examined Evans in June, and found him to be quite unfit for work. He was 57 years of age, and witness thought it would take three months for him to recover. On examining him today, witness found he had greatly improved, and he expected him to make a complete recovery in three or four months. Judgment was given for the male plaintiff for £962, and for the female for £269.