The claimant was injured crossing a road when approached by the defendant’s campervan. The judge had taken avccount of another driver who said that he had slowed down anticipating the emergence of a second horse and rider (the claimant), but the defendant had not done so. The defendant appealed against a finding that his failure to anticipate a second rider was negligent, saying that the apportionment of liability should be as to 75% to the rider.
Held: The appeal failed. The apportionment by the judge at 50%/50% had been within the range of findings open to him.
Judges:
Lord Neuberger MR, Sedley, Hooper LJJ
Citations:
[2011] EWCA Civ 290
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Lunt v Khelifa CA 22-May-2002
The claimant pedestrian had been injured when hit by a car driven by the defendant as she stepped into the roadway. Both parties appealed against the assessment of contributory negligence. The claimant had a blood alcohol level three times that . .
Cited – Toropdar v D QBD 2-Oct-2009
. .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Animals
Updated: 13 July 2022; Ref: scu.430738