Paul, an Infant, by his next friend, Paul Rouse v Motor Vehicles Insurance (PNG) Trust [1990] PGNC 45; N896 (1 August 1990)

Unreported National Court Decisions

N896

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 200 OF 1990
JACOB PAUL AN INFANT BY HIS NEXT FRIEND PAUL ROUSE
-V-
MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J
24 July 1990
1 August 1990

NEGLIGENCE - motor vehicle accident - personal injuries - Infant one year old - simple (green stick) fracture of collar bone - no permanent injuries - general damages K1000.

Cases Cited:

Rodger v Brown (1978) 5 Q.L. 36

Counsel:

P. Kopunye for Plaintiff.

K. Yalo for Defendant.

1 August 1990

WOODS J: The Plaintiff Jacul an infn infant is suing by his next friend for damages for injuries received in a motor vehicle accident which occurred on 20th August, 1988 along the Kimil - Dei Council Road in the Western Highlands Province. The infant then aged 10 months was in his mother’s arms whilst riding as a passenger in a vehicle registered No. ADF 431 when the vehicle swerved suddenly to avoid a collision with another vehicle and the infant was thrown out of his mother’s arms.

The infant sustained abrasions to his shoulder and a simple green stick fracture of the right collar bone. Liability is not denied and this is an assessment of damages.

The medical reports show that the infant was admitted to Mount Hagen hospital where the injuries were treated. The fracture healed within a few weeks and there were no complications or permanent disability. I must therefore assess damages for what was a simple fracture in a small child which with the normal growth in small children mends quickly and easily with no permanent disability. That is why the term green stick is used when talking about fractures in small children. The bones are still growing and developing so do not break as seriously as adults and usually mend completely as part of the growing process. Whereas in an adult such a fracture can take longer to mend and often leaves a residual weakness.

I can find no precedent here for such a green stick fracture however I have found a similar fracture dealt with by the Supreme Court in Queensland in the case Rodger v Brown 1978 5 Q. Lawyer 36 where $800 general damages was awarded to a young girl aged 6 years who suffered a displaced fracture lateral end of left clavicle with no residual disability.

Allowing for the fact that it is now 12 years on I assess an amount of K1000 General Damages plus I allow the K15 Doctors Fee in September 1988. The other costs submitted namely the Accident Report Fee and the Full medical reports fee of K35 are costs in preparing the case. I allow interest on the K1015 at 8% from the date of the writ to the date of Judgment being K31.36.

I therefore order Judgment for K1046.36. I order that K15 be paid to the infant’s father Paul Rouse and the K1031.36 be paid to the Registrar to be invested by him on behalf of the infant Jacob Paul until he attains the age of 18 years on 10th October 2005.

Lawyer for Plaintiff - P. Kopunye.

Lawyer for Defendant - Young & Williams.