A council which failed to maintain a road ice free when they had decided on the need to prevent icing, and had had the opportunity to prevent it, but failed to take it, were in breach of statutory duty and liable for damages to driver of crashed car. (Aldous LJ dissenting)
Hutchinson and Morritt LJJ, Aldous LJ
Gazette 17-Mar-1999, Times 07-Jan-1999, Gazette 03-Feb-1999, [1998] EWCA Civ 1964, [1999] RTR 210
Highways Act 1980 41 58
England and Wales
Cited by:
Appeal from – Goodes v East Sussex County Council HL 16-Jun-2000
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road.
Held: The statutory duty on a highway authority to keep a road . .
Cited – Jones v Rhondda Cynon Taff County Borough Council CA 15-Jul-2008
The claimant, a fireman, sought damages for injuries suffered when he was injured answering a call out. He fell into a depressed area by the road side as he was pulling away a burning wooden pallet.
Held: The appeal was dismissed. The court . .
These lists may be incomplete.
Updated: 14 May 2021; Ref: scu.80912 br>
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