Kumo Pokum, an Infant, by Her Next Friend, Pokum Mark v The Independent State of Papua New Guinea (1990) N899

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 03 August 1990
• Citation: (1990) N899
• Court: National Court
• Year: 1990
• Judgement Number: N899

Full Title: Kumo Pokum, an Infant, by Her Next Friend, Pokum Mark v The Independent State of Papua New Guinea (1990) N899

National Court: Woods J

Judgment Delivered: 3 August 1990

N899

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 368 OF 1990

KUMO POKUM AN INFANT BY HER NEXT FRIEND POKUM MARK

-V-

THE STATE

Mount Hagen

Woods J

26 July 1990

3 August 1990

NEGLIGENCE — motor vehicle accident — pedestrian — personal injuries — 4 year old girl — lacerations and abrasions — no permanent injuries — general damages K500 Costs — within District Court Jurisdiction — infant damages must be approved by National Court — National Court costs awarded.

Counsel:

P. Kopunye for the Plaintiff.

No Appearance for the State.

3 August 1990

WOODS J: The Plaintiff Kumo Pokum an infant is suing by her next friend for damages she received when she was struck by a vehicle owned by the State on the 29th September 1989 on the Minj — Kundiawa section of the Okuk Highway.

The Plaintiff had been a passenger on another vehicle and that vehicle had pulled over to unload passengers and the infant after alighting from the vehicle had run across the road into the path of the oncoming State owned vehicle. The Highways of Papua New Guinea are very busy not only with vehicles but also with pedestrians and passenger carrying vehicles are constantly pulling over to take up and discharge passengers. There is thus always a duty on drivers to take care when approaching areas of the highways and roads where pedestrians are walking or where people are alighting from vehicles. So even in a case like this where a driver may not be criminally responsible where a pedestrian suddenly darts across a road there can still be a civil liability however the court can still apportion the blame. In the circumstances of this case I will apportion liability as 30% to the...