INJURED AT WORK

Waikato Times, Volume 124, Issue 20727, 10 February 1939, Page 6

INJURED AT WORK

ACCIDENT AT FRANKTON MOTOR WRECKER CRUBHED £1029 DAMAGES CLAIMED A claim for damages totalling £1029 19s 6d, arising out of an accident at Frankton on January 18, 1938, in which a young man was injured at his work, was heard before Mr Justice Smith in the Supreme Court, Hamilton, to-day when Thomas Alexander Clark Taylor, by his guardian, Thomas Taylor, proceeded against Auto Replacements, Limited, Frankton. Plaintiff was represented by Messrs W. J. King and F. D. Robertshaw and defendants by Messrs J. Hore and S. D. E. Weir (Auckland). Special damages were set out at £179 19s 6d and general damages at £BSO. Outlining the basis of the claim, Mr King said the injured boy was 18 years old and was employed by the defendant company as a motor mechanic at the time of the accident. His first job when he started with the company on January 17, 1938, was the dismantling of cars with the assistance of the foreman. Next day he was asked to assist another employee, Mervyn Waugh in the dismantling of a car. The two worked on it for some time, but found tAe car would have to be moved to allow them to proceed. The old vehicle, which had no tyres, was raised at the rear by the crane of the wrecking lorry and Taylor sat in the car to steer it. The - , ngine of the wrecker, which was iriven by W’augh, stalled, but when Taylor got out to give assistance the wrecker and the car moved, pushing Taylor up against a pile of scrap metal. Plaintiff Severely Injured Taylor’s right leg was severely in--sured, and it was contended by plaintiff that Waugh was negligent in that 'ie failed to make sufficient observation of plaintiff’s position and that he r ailed to operate the wrecker in a "easonably safe manner. It was claimed that the employers were also negligent in that they employed a man who was not competent to drive a wrecker and 'that the accumulation of scrap metal made the place dangerous for work. Taylor’s right knee was badly injured and he had been unable to work since the day of the accident. He was still wearing a knee support and his disability would be permanent. Formerly plaintiff was prominent in several sports but his activities were now curtailed. Evidence by Plaintiff Thomas Alexander Clark Taylor gave evidence of having worked with Waugh on the old car. which was surrounded by a good deal of junk and scrap metal. After half-an-hour’s work efforts were made to shift the vehicle. The scrap met-al was too heavy to be moved out of the way and the wrecker was brought into commission. When the old vehicle was being moved witness steered the front wheels, but the wrecker engine stalled. When witness got out to see if he could help. Waugh started his engine and speeded it to a high pace. Witness was standing between the two vehicles, which had their backs together, and when the wrecker jumped forward he was struck by the car and dragged five or six yards along the scrap metal. Witness had no way of avoiding being caught by the vehicles. The wrecker was the only feasible way of shifting the car, but witness did not know that Waugh did not have a license. Had the .job been carried out correctly there would have been no danger. His right leg was still strapped in a metal cage from the ankle to the thigh. Mervyn Waugh, the driver of the wrecker, said he did not have a motor-driver’s license at the time. After outlining the circumstances of the accident witness said the old car could not have been moved by hand. (Proceeding) BPORTS EDITION RACING AT ROTORUA TROTTING AT AUCKLAND CRICKET, POLO, BOWLING Comment on the racing at Rotorua and the trotting at Auckland and the results of the races at Dunedin, Hawera and Gisborne, and trotting aa Otakl and Addington, will be featured in the Eight o’clock Edition of the Waikato Times to-morrow evening. The scores In the Hamilton cricket competitions and results of the polo tournament at Cambridge, the results of the bowling competitions and all tho latest news from throughout the Dominion will also be published.