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.
Held: After referring to Dolby, Sir William Aldous said: ‘If she had done that which Russell LJ said that she should have done, she would have continued to look right before moving off and during the manoeuvre. She would then have seen the motorcycle and could have taken action to stop her car before an accident became unavoidable.’
Sir William Aldous
[2008] EWCA Civ 1636, [2009] RTR 30
Bailii
England and Wales
Citing:
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 by:
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 . .
These lists may be incomplete.
Updated: 14 June 2021; Ref: scu.368609
