The claimants sought damages as personal representatives after the deceased died when her car was hit by a police car responding to an emergency call. The defendant appealed a finding of negligence.
Held: The appeal succeeded. The judge had found that the deceased had stopped at the junction. If so he should have found a continuing duty to check to her right as she emerged. She had not begun to emerge before the police car came into view and she had been 60% responsible for the accident.
Judges:
Lord Justice Stanley Burnton
Citations:
[2009] EWCA Civ 631, [2009] RTR 31
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Keyse v Commissioner of the Police for the Metropolis, Scutts CA 18-May-2001
The court considered liability where a police car on emergency duty hit Mr Scutts causing very serious injuries. The officer appealed against a finding of liability saying that the judge had declared irrelevant the fact he was on an emergency . .
Cited – Dolby v Milner CA 1996
Russell LJ said: ‘It is to be observed that at no stage in the judgment does the judge refer to and emphasise, as in my judgment he should have done, the fact that the plaintiff here was emerging from a minor road onto a major road, and was . .
Cited – Heaton v Herzog CA 13-Nov-2008
The court considered an accident caused when a motorcyclist, travelling at excessive speed along a main road, collided with a car that emerged from a side road. The driver of the car had not looked right as she moved out of the side road.
Lists of cited by and citing cases may be incomplete.
Negligence, Personal Injury
Updated: 02 May 2022; Ref: scu.347216