Freeman v Sherwood [1999] NSWCA 172

Freeman v Sherwood [1999] NSWCA 172

The appeal failed because the appellant did not show error in the trial judge's finding that negligence was not made out. Once the plaintiff emerged in front of the defendant's car there was nothing he could do to avoid impact, and in the traffic circumstances it was not shown that he should reasonably have seen her earlier or anticipated that she would suddenly enter lane six from between parked cars.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Negligence Claim for Damages Arising From a Motor Vehicle Accident / Appeal to the New South Wales Court of Appeal From a Judgment of Acting District Court Judge Mill
Outcome
Appeal dismissed with costs.
Legal Topics
['motor Vehicle Accident' 'pedestrian Accident' 'breach of Duty' 'damages' 'appeal']
['torts' 'negligence'] ['motor Vehicle Accident' 'pedestrian Accident' 'breach of Duty' 'damages' 'appeal']

Case Brief

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Procedural Posture

Negligence Claim for Damages Arising From a Motor Vehicle Accident / Appeal to the New South Wales Court of Appeal From a Judgment of Acting District Court Judge Mill

Legal Issues

  1. 1 ['Whether the trial judge erred in finding that the plaintiff had not made out a case of negligence against the defendant driver.' 'Whether the defendant, acting reasonably, should have observed the plaintiff on the median strip and anticipated that she would enter lane six from between parked cars.']

Ratio Decidendi

The appeal failed because the appellant did not show error in the trial judge's finding that negligence was not made out. Once the plaintiff emerged in front of the defendant's car there was nothing he could do to avoid impact, and in the traffic circumstances it was not shown that he should reasonably have seen her earlier or anticipated that she would suddenly enter lane six from between parked cars.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']