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Boma, an Infant, by Her Next Friend, Boma Kunump v The State [1990] PGNC 48; N901 (3 August 1990)

Unreported National Court Decisions

N901

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 198 OF 1990
IKOWA BOMA AN INFANT BY HER NEXT FRIEND BOMA KUNUMP
V
THE STATE

Mount Hagen

Woods J
25 July 1990
3 August 1990

NEGLIGENCE- motor vehicle accident - pedestrian - young girl - head injuries.

Cases Cited

Coady -v- M.V.I.T. [1985] PNGLR 450

Davi Golye -v- The State (1987) N624

Simon Maipe -v- M.V.I.T. (1990) N813

Counsel

P. Kopunye for the Plaintiff.

No Appearance for the State.

3 August 1990

WOODS J: The tiff a young girl aged aged about 11 at the time was on 6th May 1989 walking along the Okuk Highway at Minj when she was struck motor vehicle owned by the State. A writ of summons was issued on 13th March 1990 and failifailing the filing of any Appearance or Notice of Intention to Defend the lawyer for the Plaintiff obtained an order for Judgment for the Plaintiff with damages to be assessed.

Whilst the State failed to appear at the hearing on the damages the State Solicitor did fax submissions to the Court.

The Plaintiff suffered a fracture of the skull and a fracture of the left thigh and some abrasions. She spent a month in hospital during which time a pin was fixed into the thigh bone. She was on crutches for some time after. Whilst the fracture of the thigh healed well she was left with a slight shortening of the left leg. Although she is still using crutches this is mainly a physiological need.

Her skull fracture has left her with a post concussion syndrome which has been assessed by the doctor as giving her a 10% disability in effectively concentrating mentally plus some slight deafness in the left ear.

Similar cases to the above would be SIMON MAIPE v M.V.I.T. (1990) N813 where a 4 year old child received head injuries and it was highly likely that he would be left with some change in his mental capacity. An award of K12,000 general damages was made.

In the Case COADY v M.V.I.T. [1985] PNGLR 450 a 5 year old child suffered head and facial injuries in a car accident and had residual disabilities including scarring, double vision and some loss of feeling. An award of K12,000 general damages was made.

The cases involving just leg injuries are not really relevant as they are much more serious as the Doctor’s report here suggests in this case there is only minor disability.

The case DAVI GOIYE V THE STATE (1987) N624 involved head injuries which led to continual pains in the head and shoulder injuries and consequent weakness. In that case K20,000 general damages was awarded. That case is more serious than the one now before me.

I feel that the combination of the head injuries and post concussion syndrome and the minor shortening of the left leg with the plate and screws in the left femur warrants a figure similar to the general damages awarded in SIMON MAIPE’s case and COADY’s case.

I assess an amount of K12,000 for general damages. I allow interest at 8% on K4000 of the damages from the date of the writ to to-day being K125.30.

I order Judgment for K12,137.30.

I order that the sum of K12 be paid to the next friend BOMA KUNUMP. I order that the sum of K12,125.30 be paid to the Registrar to be invested on behalf of IKOWA BOMA until she attains the age of 18 years which shall be deemed to occur on the 1st May 1996.

Lawyer for the Plaintiff - P. Kopunye

Lawyer for the Defendant - State Solicitor