References: [2007] EWCA Civ 120
Links: Bailii
Coram: Pill LJ
Ratio: The claimant had stepped out from behind a vehicle and was struck by the defendant’s truck. The defendant appealed a finding of 30% negligence, saying he had only one second to avoid the impact. He did not see her, but his passenger did.
Held: The scene was busy as school closed. The judge was correct however to say that the driver might have avoided a collision if he had seen her by swerving.
Pill LJ said: ‘a driver exercising reasonable care cannot be expected to focus his attention in a number of different directions when driving in a busy high street’
Jurisdiction: England and Wales
This case is cited by:
- Cited – Toropdar v D QBD (Bailii, [2009] EWHC 567 (QB), [2010] Lloyds Rep IR 358)
The claimant car driver sought a declaration that he was not responsible for an accident. He had been driving along when the 10 year old boy ran out into his path suffering catastrophic brain injury.
Held: ‘on the assumption that Mr Toropdar . . - Cited – Jackson v Murray and Another SC ([2015] RTR 20, [2015] 2 All ER 805, Bailii, [2015] UKSC 5, 2015 SCLR 235, 2015 Rep LR 42, 2015 GWD 7-141, 2015 SLT 151, Bailii Summary, UKSC 2014/0070, SC, SC Summary, SC Video, 2015 SC (UKSC) 105, [2015] PIQR P16)
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
(This list may be incomplete)
Last Update: 07 July 2019
Ref: 248928
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