The plaintiff was struck by the defendant’s car as he crossed at a pelican crossing and suffered severe injuries when the first defendant’s car passed the stationary of the second defendant. The judge found all three parties negligent.
Held: There had been no evidence that the second defendant who had stopped at the crossing was negligent, however Wilsher had shown that the case of McGhee had to be applied so as to find him liable.
Judges:
Slade and Nourse LJJ and Sir Edward Eveleigh
Citations:
[1987] 2 All ER 455
Links:
Cited by:
Appeal from – Fitzgerald v Lane HL 14-Jul-1988
The plaintiff crossed road at a pelican crossing. The lights were against him but one car had stopped. As he passed that car he was struck by another in the second lane and again by a car coming the other way. The judge had held the three equally . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 07 May 2022; Ref: scu.267707