Ibabe, an Infant, by his next friend, Ibabe v The State [1990] PGNC 47; N897 (3 August 1990)

Unreported National Court Decisions

N897

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 126 OF 1987
EGOBIA IBABE AN INFANT BY HIS NEXT FRIEND IBABE
V
THE STATE

Mount Hagen

Woods J
25 July 1990
3 August 1990

NEGLIGENCE - Motor vehicle accident - Pedestrian - Contributory Negligence.

DAMAGES - Schoolboy - partial disability in leg.

Cases Cited

Alfred Moia v The State [1988] PNGLR 299

Thomas Tambi v The State (1989) N780

Nentepa Piam v The State (1989) N783

Kar Kirai v The State (1990) N821

Kuli Gokam v The State (1980) N826

Pendagi Ban v The State (1990) N827

Counsel

P. Kopunye for the Plaintiff

No Appearance for the State

3 August 1990

WOODS J: The Plaintiff was a sboy aboy aged about 10 years who was crossing the Mendi Tari Road at KUPARI village on the 24th March 1983 when he was struck by a motor vehicle owned by the Stnd driven by an officer of the Police Department. There wase was a vehicle travelling from the other direction at the time.

The Highways and roads of Papua New Guinea are very busy not only with vehicles but also with pedestrians and there is a continual duty of care on drivers when approaching areas of the roads near villages where pedestrians are walking. So even in cases like this where a pedestrian crosses a road there can still be a civil liability. In this case I accept the Plaintiff’s submission that liability be apportioned 30% to the Plaintiff and 70% to the owner of the vehicle.

I therefore find the State is liable to 70% for the injuries suffered by the Plaintiff. The State did not appear at the hearing of this case but did fax submissions on damages.

The Plaintiff was a schoolboy aged about 10 years at the time of the accident. He received a compound fracture of the right leg which did not heal properly and was complicated by secondary osteomylitis. He spent over three months in hospital and had to have later treatment. Whilst in a way he has made a statisfactory recovery he is left with a shortening and deformity bowing in the leg. He will continue to suffer some pains in the ankle and fracture site and will have a minor disability in the leg for the rest of his life. He is now aged about 17 years and has to go through life with the minor deformity and disability because of this accident.

A number of cases were referred to me but there are other cases that are also relevant. The case Alfred Moia v The State [1988] PNGLR 299 where General Damages of K20,000 was awarded is more serious than this case because both legs were broken and there was subsequent malunion.

In Thomas Tambi v The State (1989) N780 there was a fracture to the right leg and open reduction and K-Nail was inserted to a 36 year old man and K15,000 general damages was awarded. In Nentepa Piam v The State (1989) N783 the Plaintiff a 50 year old village man suffered a mild form of post traumatic arthritis on his knee and was awarded K8000 General Damages.

In Kar Kirai v The State (1980) N821 the Plaintiff merely suffered a broken leg which healed satisfactory and was awarded K4000 general damages.

In Kuli Gokam v The State (1990) N826 a village man in his thirties suffered injuries to both legs and has a permanent disability in one leg from a severed knee ligament. He was awarded K16,000 general damages.

Finally in Pendagi Ban v The State (1990) N827 the Plaintiff was a school pupil like the plaintiff in the case before me and she suffered a fractured leg with complications of osteomylitis and healing with some angulation and shortening of the leg. General Damages of K14,000 was awarded.

I feel that the case before me now is similar to most of the above although not as serious as Alfred Moia and not as low as Kas Kirai. Pendagi Ban’s case is practically identical. I therefore award an amount of K14,000 general damages. I will apportion K8,000 of that to the period to date and allow interest at 8% on that from the date of the writ to today.

K4,858.50

idth="107" val" valign="top">

K11,336.50

General Damages	K14,000.00
Interest	K2,195.00
	K16,195.00
Less 30% Contributory Negligence

I order Judgment for K11,336.50 and I order this amount be paid to the Registrar to be invested on behalf of EGOBIA IBABE until he attainttains the age of 18 years which will be deemed to occur on 1st August, 1991.

Lawyer for the Plaintiff: P. Kopunye

Lawyer for the State: State Solicitor.