The claimant appealed dismissal of her claim for damages for serious personal injury suffered by her as a child. She had walked out in front of a car. In poor visibility, and with dark clothing, the defendant may not have had opportunity to avoid her.
Held: There was no strong evidence as to her behaviour. She was found not to have stopped at the kerb. It was a counsel of perfection, to say the defendant ought to have seen and reacted at the very split second that she stepped off the kerb. Even if he ought to have seen her, he would not have had opportunity to stop. There was no basis for a finding of negligence.
Judges:
Lord Justice Ward, And, Lord Justice Longmore
Citations:
[2002] EWCA Civ 162
Links:
Jurisdiction:
England and Wales
Personal Injury, Negligence, Road Traffic
Updated: 29 June 2022; Ref: scu.167642