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' LARGEST IN ONTARIO COUNTY? Greer And Kelly Team Up; The Oshawa law partnership of John Greer, QC, and Terence V. Kelly managed what they feel is the largest single liability judgment in the history of On- tario County at Supreme Court Assizes here yesterday. aa The two counsels teamed up | ' t@ convince a six-man Petit Jury to award Carol Fralick of RR 1, Port Perry $63,750 for losses re- sulting from an accident that occurred in 1960. The girl, now 20, was struck down while running across High- way 12 from a bus on Feb. 5, of that year, 'the Court learned. Medical evidence from Drs. Thomas Morley (a neuro. surgeon) and William Spence of Toronto General Hospital indi- ca'ed that the girl had spent 63 days in an unconscious' state, and 103 days in the hospital. They said she suffered severe brain damage, a multiple-frac- tured and displaced pelvis, skull lacerations and a compound fracture of the left 'eg. The $63,750 represents 85 perjpreaks on the right, and two cent of the juny's estimate for/preaks on the left side of the the losses incurred by the gill pelvic ring. over and above medical penses during her hospita'iza-/ NOTICED GIRL, CAR | DeNure, the bus driver, testi- tion and convalescence, | The jury ruled that she was|fied that, as he pulled away Attain $66,667 Judgm JOHN GREER 15 per cent negligent in relation to the accident. They found that Robert Cain, presently of Peter- borough, and then a resident of Myrtle Station, the driver of the ear that struck -Miss Fralick, was 85 per cent negligent. In a separate suit for medical expenses, the girl's father, Ken- neth Fralick collected $2,927.57, or 85 per cent of the. mutually- accepted figure of $3,444.20. The jury, composed of four men and two women, deliber- ated for two hours and 10 min- utes before answering the seven questions approved by Mr. Jus- tice Sauel J. Hughes. The first question asked if they were satisfied that the de- fendant, Cain, was not at all negligent in the accident. The answer was "no". The second question asked in what way he was responsible, providing that the first question was answered in the negative. The jury listed the following} e| conclusions: Cain should hav been looking for unusual circum- stances after passing a bus that 'had just stopped; he did not show proper care and 'control; he should have seen the girl in time to stop; he could have avoided the collision by swerv- ing slightly to the left (it was testified that the right front fen- der struck the girl); he did not, by, admission use his brakes until after impact. Carol was found partially neg- ligént for not crossing the road properly. She ran diagonally in- stead of straight across. The remainder of the ques- tions dealt with the terms of the judgment. The case opened Thursday with Mr. Greer calling his wit- nesses for the plaintiffs, Mr and Miss Fralick. Mr. Kelly closed the case for the plaintiffs with his summation yesterday. LAST BASKETBALL GAME Mr: Greer explained that the mishap had occurred just north of Manchester, at the intersec- tion of Highway 12 and the Sixth) Concession road, 'from the intersection, he saw Carol running across the road \to the Fralick' Service Station on the diagonally-opposite corner. "I noticed the car coming, and after he had passed, I saw the brake lights come on. The ve- hicle came to a sudden stop." It was esitmated that the bus and car passed 130 feet south of the crossroad. He said he parked the bus and ran back to find a group. of people standing on the shoulder of the road 'looking down at something"'. Miss Fralich was unable 'o elucidate. on the mishap, She said she had no memory of events for .months before - or after she was struck. - The Court also learned that she ahd been captain of her basketball team previous to the accident, but that afterward she |was unable to participate in any lsports, or play the piano. She id she had become "too lumsy". NEVER LEFT CAROL : Mrs. Olive Fralick, Carol's mother, said she first saw her daughter lying off the pavement on the east side of the road. The firl was unconscious. She said that she lever left Carol's side after that, through- out four months in hospital in Toronto, She informed the Court that Carol didn't know anything when she regained conscious- iness, more than two months latter the mishap. ~ | After the 103 days in hospital. Carol returned home. She start- jed to walk again after eight jweeks, -and therapy, and began jwalking alone after a total 11 |weeks, A personality change had overcome the girl after the acci- \dent, her mother said. | "She used to be such a cheer- ful girl. So happy. "But now she is very-unhappy. {She won't mix. She's very jmoody at home." INO LUCK IN JOB Mrs. Mabel Gregg, Supervisor f Rehabilitation for the Ontario | \9. Miss Fralick was a cheerlead-| Department of Health, stationed er returning home following alat the Ontario Hospital in Whit- basketball game against Porijby, testified that Carol's tenden- Perry High School. She alighted|cies not to remember had been from a chartered bus, driven by|responsible for the discontinu- Mervin Denure, at the southwest|ance of her employment at the corner of the intersection aud,| Hospital. it was learned, ran diagonally, It was Mrs, Gregg, the Court across Highway 12 toward her)learned, who convinced Carol to home on the northeast corner. [go back to schoo] and complete It was another 103 days be-/her Commercial Course. She fore she did get home, the Court|had been in her final, Grade 12 was informed because she hadiyear when the accident hap- been siruck by a northbound! pened, ear driven by Cain. " She graduated in the class of Former OPP Constable Arnold'1963, two years later, the court Summers described the road S| was told. straight and level, and con-| -- ditions dry and normal. It was|JUST SAW A BLUR dark, he added. Brampton attorney Gerald A. Dr. Morley testified that he|Graham acted for the defend- had been forced to drill. four! ant. holes into Carol's skull to check| He cal'ed Cain, who testified for blood-clots during her two-/that he had been on his way month period: of unconscious-}home to Kenmount from his ness, |boarding-house in Myrtle Sta- Dr. Svence felt that she would) tion with two passengers when carry a permanent limp due to) the mishap occurred. the damage to her pelvis, which} Cain estimated his speed at it was learned, was due to twolabout 50 miles per hour. He BROCK WHITBY Evening Show at 7 and 9 P.M. Feature Starts 7:20 and 9:35 On TERRY KELLY said he saw the bus-lights, had first thought it a truck, and slowed down slightly. The bus was stopped at the side of the road at the time, he said, and then pulled out into the 'southbound lane. "I passed the bus. I saw a blur. Something hit my right front fender. I could not get my brakes on in time." It was estimated by the de- fendant that he had carried the girl 50 feet on the fender. Miss Fralick, he added, was wearing a dark coat. Under Mr. Greer's cross- examination he stated that he knew, as he got. closer, that the stopped vehicle was a bus. "Did it occur to you that someone might have gotten off| the bus?", the attorney queried. "Yes," was the reply, "And dic it occur to you that someone might have gotten off the bus and was crossing the road in the direction of the only buildings in the area -- the ser- vice station?" "Not really." It was established that Cain had shifted his lights from high to low beams for the bus, and had not switched back. He was asked how far he thought he could see ahead, and replied "about 100 feet". Bob Watson, one of the two passengers in the car agreed) with Cain's testimony. He de- scribed the collision: "I saw a shadow running across the high- way. Then, thud!" He said the girl rolled off the fender after being carried along. Constable Summers had indi- cated that the skid or brake marks ran appfoximately 50 feet from where Cain had indicated the point of impact by braking. This point of impact was fig- ured for the southern entrance to the service station. SUMMATION FOR THE DEFENDANT Mr. Graham asked the jury to "apply common sense on the matter', "Think: 'What would I have done'. The girl gets off the bus. It's a dark, open highway. "It has been established that she was a very intelligent girl. It is my submission that she did not act intelligently on. that occasion. "She went around by the rear of the bus and ran diagonally across the road without looking. I submit this was very foolish. "She was wearing a dark coat. She ran on course toward the service station. "In that moment Miss Fralick} placed herself in the worst posi-| tion possible. Her back was to oncoming traffic." He suggested that his client was behaving in an "ordinary, sensible. manner", and asked: 'What would any prudent driver be expected to do? "Is it reasonable to expect that a young girl would dash out in front of you? She was screen- ed by the bus. The headlights of the bus interfered. "I suggest that Miss Fralick had the advantage my client did not. "Tt was easy for her to pick up the headlights, had she look- ed, than for Cain to see her." MR. KELLY FOR THE PLAINTIFF Mr. Kelly, after his partner had handled tie bulk of the case, delivered the' summation \for the plaintiffs to the jury. H "You must not allow sym- | pathy to enter into this matter," ent e girl when he should have," Mr. Kelly chargec He referred to DeNure's testi- mony that Cain had passed the buss about 130 feet cout of the fntersection: "I suggest that} Cain had 250 feet to see the girl) on the highway. "1 suggest that lights should have shown her clearly at that distance. And if the lights or the bus bothered him, he should have slowed down further. "He was not keeping a proper) lookout." MR. JUSTICE HUGHES Mr. Justice Hughes explained the law to the jury. He defined negligence as "failure to exer- cise the care which the circum- stances of the case demanded". "Tt is an omission to do some- thing which a reasonable or pru- dent man would do or not do in a situation. | | "It must be an effective cause of the damage. If someone is allegedly negligent before or after the damage, this does not make him negligent in the cause of the specific damage." He described the prudent driver as being in control of his vehicle at all times, able to fore see dangers of an. anticipated situation. Manager: John Gault WHITBY And DISTRICT Whitby Bureau Office 111 Dundas St, West Tel. 668-3703 eo < "THE OSHAWA TIMES, Soturdey, Merch 14, 1964 § Whitby Red Cross. canvassers will be blitzing the town Mon- day evening in an attempt to scrape togeher sufficient funds to carry on their present tasks, and embark on new ones. Jim Chilibeck, the public re- |lations volunteer officer for the local Society expressed doubts|Societ; last week that the people of Whitby actually knew what the Red Cross was responsible for in the community. He also decried the unfgotun- ate situation whereby persons living in Whitby, working else- where were contributing to the organizations in the municipal- ity of their businesses. This practice, he said, cer- tainly was of little help to the y in the "home commun- ity." The 1964 campaign will in- clude, as well. as the Monday!ill or hospitalized. night blitz of residences, accep-| WHITBY PERSONALS | Members of the Ontario Coun- ty South Regional CWL execu- tive will meet at.the home of Mrs. Gregory Carter, chairman, at 8.30 p.m. Monday, March 16 to make plans for the annua! regional meeting to be held in /April at St. Gregory's parish, Oshawa. | Barbara, daughter of Mr. and |Mrs, Conrad' Hewis is celebrat- "And mere compliance with|ing her seventh birthday, Sun- the rules of the road does not/day, March 15. Her compan- excuse a driver for any damage|ions of King street school and caused. Just because a driver is|friends wish her many happy within a 50-miles-per-hour speed/returns of the day. limit does not give him the right} i ete Pentecostal Women's Mission- a Se ee ary Council will meet Monday " Ty , He must make allowances) yorch 16 at the home of Mrs. for the errors of other people. lWest RR 2, Whitby for their His Lordship cautioned the| work meeting. The members jury that accidents and injuries|,+¢ making quilts. did not necessarily mean negli-| gence, because they were not) Lorianne, daughter of Mr. and effective causes. "In an emergency (situation). the ordinary standard of care is not binding," he said! "You must decide if the driver antici- pated an amergency would hap- pen." ONUS ON DEFENDANT He explained: that in most damages suit#, the onus was on the plaintiff to prove negligence, but in the case where the plain- tiff is pedestrian, and the de- fendant is driver, the onus is on the defendant to prove lack of negligence. | "You may not be able to find any act or omission on the part of the defendant, and still not be convinced that the accident was not due to negligence." He charged the 'jury to con- sider the points offered by Mr. Graham -- whether or. not Miss Fralick was. negligent. He showed that, by the Negligence Act, damages could be appor- tioned depending on the degree in which they were' found. He also doubted that Mr. Kelly's allusions to a '250-foot"' view open to Cain were correct. He estimated about half of that figure. They were reminded that the, exmenses incurred due to hos- pitalization were to be consider- ed separately in the decision They were told further that they must arfive at an esti- mated loss for Miss Fralick, "should an appeal reverse their decision', under any circum: stances. Referring to Miss Fralick, His Lordship told the jury to con- sider the following points: Pain and suffering: serious injuries; cosmetic disfigurement to: the leg, (scar); memory damage; | residual disabilities; loss of nor- mal enjoyment; economic and domestic prospects; earn a living. "This girl is entitled, as much as money can do, to be-restored to the same shape she was in before the accident. And money is all we can do,"' His Lordship concluded. Before sending the jury out to consider their verdict, he in- structed them that a five-of-six majority was required on each question, ON THE NOSE Messrs. Kelly and Greer di closed after the case was con pleted, that the $75,000 figure set by the jury was precisely what they had claimed for their clients. CLUB CALENDAR MONDAY, March 16 St. Andrew's Presbyterian Church Explorers ability to | |he asked them. '"'Not for the plaintiff, and not for the de-| | fendant."" | | He opened with a summation) |and comparison of the girl's!Co-Op 1st. Whitby Scouts Salvation Army Brownies Whitby Baptist Church Explor- ers | Credit Union \Mrs. I ing her, fourth birthday today, |March 14. Young guests attend- ing her party are: Debbie and Lois Parsons, Peter and Jimmy Strickland, Sandra Harris, Ruth 'Tennant and Brian Carmody. Mr. and Mrs. C. B. Foster, 331- Centre street north, have returned after a five weeks motor trip to California. In Car- |diff-by-the-Sea they were guests of Mr. and Mrs. Earle Rora- |beck. They also visited Phoenix, /Arizona and Daytona Beach, |Florida. * Glenn Evans, 614 Byron street south is celebrating his birth- day Monday, March 16, March 17. Earl Evans is also celebrat- ing his birthday. For the dou- ble occasion they will be enter- tained at dinner Sunday at the home of Mr, and Mrs. Don Nich- ollg daughter and son-in-law of Mr. Evans. Mr. and Mrs, Reginald Mc- Causland (the former Jean Carr, Whitby) have now estab- lished residence in Cornwall where Mr. McCausland has taken position as Chief Engin- eer at the Radio Station. Mr. and Mrs. Joseph Perry of Prince Edward Island are house guests of Mr. and Mrs. Gerald Perry, 130 Cedar street. | The many friends of Mrs Gerald Fudge, 128 Cedar street, are sorry to learn that she is in the Oshawa General Hospital under observation. They wish her a prompt recovery. Mr, and Mrs, Gordon: Petch dra Voissen, Cathy Holst, Bon- nie and Laurel Porter. On Monday a family gathering was arranged at their residence on the occasion of their 45th wedding anniversary. Dundas Street East Home and School Association execu- tive members met at the school and made arrangements for the "Musical Concert" to be held Tuesday, March 24 and Wed- nesday, March 25 at 7.30 p.m. Students performing Tuesday evening wil] be rooms 4, 3, 2, 9, and 10. Wednesday evening, rooms 5, 6, 7 and 8. A silver collection will be taken, pro- ceeds to go to the Jr. Red Cross. John Moore is celebrating his eighth birthday, today, Satur- Laurie Weston is celebrat-jday, March 14. His companions of Dundas street east school and friends wish him a happy birthday. Steven, son of Mr, and Mrs. Lloyd. Robertson, 435 Brock street north will be a patient Red Cross Sets Out In Campaign For bd f they intend to 'initi- Building. Should the their objectives in this year': campaign, ate a Homemaker Service. This service, the Society feels, is lacking in Whitby despite demand, It is designed to run are households when mothers The need for such a Childrens' Aid, and Department. This service, once implemen- ted will augment the present number of public activities of |the Cross. During 1963 a total of 923 pints of blood were collected locally. Members visited the 300 pa- tients at Ontario Hospital week- iy. They entertained at Fairview Lodge weekly. Loans of '55 pieces of equip- ment were made to 40 persons in sick rooms. Through the Wel- needy children were provided with 474 quarts of fare Council, milk. The sewing and kniting ser- vice turned out 31 times to prepare articles of clothing, in- cluding baby clothing. Swimming tests were admin- istered to 102 children, and service has been discussed with the Ontario Director of Homemaker services, Public Health Nurses, VON Nurse Ruth Bowring, the the Welfare class in the many years that Catholic Separate Schools have system, te Separa' their decision is just another step in a program designed to maintain uniformity in the ser- vice rendered by the Public and Catholic Separate Schools. In an attempt to expedite |passage of a steadily increasing volume of business, the Board adopted a set of rules of proce- dure, under which future meet- ings of the Board and commit- tees will be conducted. Recent meetings have continued until past midnight in an effort to complete the agenda, with the February meeting setting a rec- ord when the motion to adjourn Separate School Board Plans New Kindergarten which is held in Toronto during the Easter vacation. At the February m to Board's Section Administrator, reporting on meeting with the inspector school principals, stated in their opinion, number of teac! could be made available reducing the time now spent on the teaching of compulsory sub- jects. It was suggested that the Board might be wise to review its decision after considering both the advantages and diffi- culties of introducing French te the elementary school curricu- lum, In deference to the advice received, the Board rescinded its previous motion, and post- poned any action on the teach- ing of French. was not received until 2 a.m. This month, the Board ap- proved recommendations by the Building Committee for pur- chase of drapery and staff- room furniture for the new Den- is O'Connor School, and granted a request received from the Principal, Sister Anna Clare, for use of the gymnatorium on Friday evenings for extra- curricular athletics, and on Sun- day evenings by the Student 'Council. Approval was given for a del- egation to attend the Annual Convention of the Separate School Trustees' Association, awards presented. Weekly get- togethers were arranged for 60 senior citizens. First Aid courses produced 60 graduates at the Ontario Hospital. The Monday night canvass will be held from 6 to 9 p.m. eeente onto NER ORT Family Monuments Creored To Individual Requirements STAFFORD BROS. LTD. MONUMENTS 318 DUNDAS EAST 668-3552 Whitby. Pentecostal Tabernacle REV. M. CASE-- Pastor ALEX BEDFORD--Asst. at the Oshawa General Hospital for several more weeks, Steven suffered a fractured leg due to a bad fall. His companions of Dun- das street school andfriends wsh him a complete recovery. MEND-N-FIT UILDING A % NEW HOME? BOY WHAT A FAMILY TREAT, 'ALL US NOW,- WEL INSTALL Alii iF YOU DON'T DRINK ... pay less for your auto insurance! Insure with ABSTAINERS' INSURANCE COMPANY, the one insurance company in Canada that issues poli- cies only to non-drinkers. We will be glad to give you full information, without obligation. RIEGER and OSBORNE INSURANCE PH. 668-5431 -- WHITBY 218 DUNDAS STREET E. Representing the banking ' and 'family, Sheila, Susan, Glen- 307 BROCK ST. NORTH --"JUBILAIRES TRIO" Gospe! Singing and Inspiring Music. God the old fashioned way -- Come and meet 11:00 A.M.--*JUBILAIRES" -- Pastor Preaching "LONGEVITY OF FAITH" (Continuing Series on Hebrews) 9:45 A.M.--"A GROWING SUNDAY SCHOOL" WED. AT 8 P.M.--Prayer and Bible Study (Great Texts in Acts) FRI, AT 8 P.M.--Young Peoples Service 12:00 P.M. from veterboro -- Lively is moving by his Spirit in God. "WHITBY CHURCHE ST. ANDREW'S EMMANUEL PRESBYTERIAN REFORMED Corner Byron ot St. John REV, GERRIT REZELMAN fy, Rev. W. J. S, McClure, B.A. TOR HIGHWAY ia Minister See Mrs. P. N. Spratt, Organist 9:45 A.M.--Sundoy School 11:00 A.M, Parade of the Girl Guides ond Brownies Cere and Congregation 10:30 A.M. ENGLISH SERVICE AND SUNDAY SCHOOL 2 P.M. DUTCH SERVICE 7 P.M. ENGLISH SERVICE Junior EVERYONE HEARTILY WELCOMED na and Daryl spent last week- end in Tillsonburg, the guests of Mr, and Mrs. Hugh Kirkland and Johnny. Susan, daughter of Mr. and Mrs. Gordon Petch, celebrated her fifth birthday. Young guests attending her party were: San- SHARED TV, GETS REWARD DENVER, Colo. (AP) -- Har- old Pollock, 70, a retired ac- countant, lived in Mrs. Eunice West's apartment building for the last 10 years. A bachelor, he liked to watch television on her set. Pollock died last Dec. 6, leaving a $428,915 estate mostly in stocks, Court records 1owed Thursday that he left all but $12,500 to Mrs. West. Salon, Toronto. work. TO MOVE LANDMARK BEAUTY CLINIC A f e ¢ f , e f WHITBY Wish to announce the appointment of JILL VOKOUN Brilliant young Brune Stylist fermerly ef Geton's Beouty Jill is a Whitby girl ond we know you will be pleased with her Give her an opportunity to serve you Phone 668-3061 for an appointment LONDON (CP)--The Cumber- land Screen, a famous London landmark 60 yards long made of wrought iron and stone, is to ibe moved to Salford, Lanca- lshire, and rebuilt outside an of- lfice block. 't has stood for 50 years at the Marble Arch en- trance to Hyde Park. Benevolent Rebekah Lodge No. 132 WHITBY Figure Shating. (lub Presents Its ST. MARK'S UNITED CHURCH Rev. J. M. Smith, B.A., B.D. Mrs. J. L. \Beaton, A.R.C,T, Miss tla Ni coness WHITBY BAPTIST (Colborne Street West at Centre) inister; REV. JOHN MeLEO! Or; ist Mr. W. & Summers, A.T.CM. lewton, 11 AM. RECEPTION OF MEMBERS Commissioning of Visitors Sunday School 9:45 A.M. 4 if Seniors wer epee Beginners, Kindergarten, Primary Junior Congregation, Infant Care. 11:00 A.M, -- DISAPPOINTMENT BECOMES HIS APPOINTMENT 7:00 P.M. A STONE FOR A HEART 9:45--Bible School Classes for all ages, Ue sé MOODIE'S RESTAURANT PICKERING VILLAGE, HWY. 2 AT DUFFIN'S CREEK @ PHONE 942-1012 @ Every Sunday BUFFET ANNUAL CARNIVAL FEATURING: MISS JEANNIE SANDERS 1963 Jr. Canadian Ladies' Figure Skating Champion ALSO | marks in school. He indicated} night |that, before the accident she St. John's Anglican Church had attained a 74-3 average on| Men's Club |her Christmas exams, and that| Pentecostal Church Women's lafter she had managed to grad-| Missionary Council |uate two years later, her per|5t. Mark's UCW Unit No. 8 |cent was only 61. ;Girl Guide of Canada Whitby Reps Ase District Association She has also lost earning} y; ; | years. She has lost full-time en.| Viscount Greenwood 1ODE | THURSDAY, March 19 Whitby Baptist Church Cub Packs Salvation Army Women's Home League 2 Ail Saints Anglican Church St. Margaret's Guild work night St. Mark's UCW Unit No, 3 St. Mark's UCW No. 6 | cosa 7% : | PICTURES if presents Not shown at Sat. Mat- i fom inee. Matinee Feature Attraction. "VOYAGE OF SINRAD' in color. Recommended os ADULT ENTERTAINMENT joyment of social activities. "She cannot dance as she used to, She can no longer participate) in athletics. | "There is no doubt that her| present condition is the result of Cain's negligence -- because he was not able to see what he should have seen. "I suggest that his speed was excessive under the circum- stances. | "The Highway Traffic Act) stipulated at the time that head-| lights must be arranged in such| a manner that an object or per-| son be visible at 200 feet. | "Cain has stated that his} | | | jlights only showed about 100/Knights of Columbus Coun cil feet. "This is why Cain did not see Chapter All Saints Anglican Church Evening Guild TUESDAY, March 17 Faith Baptist Church Jr. Young People -- Whitby Duplicate Bridge Club | Red Cross work room S.A. Cubs 2nd Whitby Women's Christian Temperance} Union j | Ajax Kinettes Almond United Church Women WEDNESDAY, March 18 | St. Andrew's Presbyterian Chil-| dren. of the Church St. John's Anglican Church WA} St. FRIDAY, March 20 Red Cross Senior Citizens Social Club Pentecostal Church Young Peo- ple's Christian Ambassadors SATURDAY, March 21 | Salvation Army Timbral Brig.) Salvation Army Young People's 3and Andrew's Presbyterian Chureh Jr. Choir PLUS ).'. Whitby Figure Sketing Club. SATURDA INCOME TAX | RETURNS | PHONE 668-8252 | ADMISSION -- Adults 1 | 4895 | Ontario Ladies College Alumnae} WHITBY Master Wayne Anonichuk 12 Year Old Boy Famous Clown Act. Many other attractions by members of The Y, MARCH 2ist 8 P.M. T : ARENA 00 @ Children 35¢ Featuring: HOT DISHES e Various Salads @ © 26 DIFFERENT SELECTIONS @ ALL YOU CAN EAT Only . .. 1.75 Per Person