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 consequently under a continuing obligation to give way to traffic on the major road.’
Judges:
Russell LJ
Citations:
[1996] 2 CLY 4430
Jurisdiction:
England and Wales
Cited by:
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.
Cited – Armsden v Kent Police CA 26-Jun-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 27 October 2022; Ref: scu.377549
