The claimant motorcyclist appealed dismissal of his claim for damages. Another motorcycle rider had failed to negotiate a bend, and hit a car in coming in the opposite direction. The claimant said that he crashed when he lost control in the debris.
Held: The judge had not correctly identified the various ways in which the claimant had pleaded his case that his accident occurred through his reaction to the emergency ahead of him. The evidence suggested that but for the accident he would have successfully have negotiated the bend. The appeal was allowed subject to a finding of 20% contributory negligence.
Judges:
Ward LJ, Lawrence Collins LJ, Toulson LJ
Citations:
[2007] EWCA Civ 1315
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Road Traffic, Negligence
Updated: 24 April 2022; Ref: scu.262108