The claimant sought damages for serious personal injury, saying that the defendant had deliberately or recklessly driven at him as a pedestrian, knocking him over. The defendant had been tried and acquitted of motoring offences. He said that the claimant and his friends were drunk and had pulled down there trousers to insilt him, and had banged on his car. He said that he had tried to escape, but had driven over the claimant.
Held: ‘I do not consider that the claimant can be absolved of all responsibility. He deliberately placed himself in the road in front of the defendant’s car and remained there at a time when he should have known that the traffic lights were likely to change and the defendant would want to move forward. His drunken state and dropped trousers hampered his ability to move freely and at a normal speed out of the path of the defendant’s car. I am satisfied that it was the fact that the claimant was not moving at a normal speed that led the defendant to misjudge the claimant’s position and mistakenly to believe that he could get past the claimant without striking him. In the circumstances, I consider that it is just and equitable to apportion liability 80% to the defendant and 20% to the claimant. ‘
Judges:
Swift DBE J
Citations:
[2013] EWHC 40 (QB)
Links:
Statutes:
Law Reform (Contributory Negligence) Act 1945 1(1)
Citing:
Cited – North v TNt Express (UK) Ltd CA 25-May-2001
The claimant, who was drunk and a member of a group of people in a similar condition, asked the defendant, a lorry driver, for a lift. When the defendant refused, the claimant climbed onto the front bumper of the defendant’s lorry, holding on by the . .
Cited – Eagle v Chambers CA 24-Jul-2003
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was . .
Cited – Rehill v Rider Holdings Ltd CA 16-May-2012
The claimant had been injured, being hit by the defendant’s bus. . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Road Traffic, Negligence
Updated: 13 November 2022; Ref: scu.470370
