Dawa Yomi v The Independent State of Papua New Guinea (1990) N823

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 19 March 1990
• Citation: (1990) N823
• Court: National Court
• Year: 1990
• Judgement Number: N823

Full Title: Dawa Yomi v The Independent State of Papua New Guinea (1990) N823

National Court: Woods J

Judgment Delivered: 19 March 1990

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 plaintiff Dawa Yomi was 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.

Liability has been agreed upon at 25% on the plaintiff and 75% in the State.

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...