Yomi v The State [1990] PGNC 14; N823 (19 March 1990)

Unreported National Court Decisions

N823

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

W.S. 636 OF 1986
DAWA YOMI
V
THE STATE

Mount Hagen

Woods J
12 February 1990
19 March 1990

DAMAGES - Personal Injuries - Minor Abrasions - Misleading Medical Report

Counsel

D L O’Connor for the Plaintiff

M L Tilto for the State

19 March 1990

WOODS J: The plaintifa Yomi was injs injured when struck by a motor vehicle on the 19 September 1985. The motor vehicle was owned by the State. The plaintiff is claiming damages for the injuries he received.

The case thus came before me for assessment of the damages.

The plaintiff was a pedestrian and was thrown to the ground upon being struck. He was admitted to Kundiawa General Hospital and diagnosed as having general contusions especially to his chest and right elbow and had a scalp wound and scariaton to his right 3rd finger. X-ray showed no fractures. He remained in the hospital for 7 days before being discharged.

He was examined again at the hospital on March 1986 and scars were noted on his forearm and foreheads. The finger was noted as missing a nail. The doctor then noted no loss of function.

However the medical report from the hospital has been amended at some later date by a Patrol Officer at Chuave to show that the plaintiff has lost a finger. This amendment seems to have been done with no authority and must be disregarded.

The plaintiff has come to court and given evidence that he lost his little finger in the accident. This bears no relation to the medical report from the hospital being a different finger as that referred to by the Doctor and his evidence in cross-examination about this finger is so evasive that I do not believe him. I am therefore satisfied that the loss of his little finger cannot be attributed to the accident.

He also complains of back pains and states he has limitation because of his back pains. However, there is nothing in the medical reports to support any serious deficiency or disability in his back.

He was quite agile in the witness box when he was displaying his injuries. I am prepared to accept that he may have had some bruising at the time of the accident, however I cannot find any long term disability.

The plaintiff is a man aged about 25 years, he had a week in hospital with some bruising and abrasions. He is now left with minor scarring and no permanent disability or limitations as far as I can see.

I assess an amount of K500 for general damages to cover pain and suffering and any economic loss for the period he was hospitalised. I allow interest on the K500 at 8% from the date of the writ namely 23rd October 1986 till today which amounts to K136.00.

This totals K636.00. After allowing for the 25% contributory negligence on the plaintiff I order judgment for the plaintiff at K477.00.

Lawyer for the Plaintiff: D L O’Connor

Lawyer for the State: State Solicitor