Davis v Swift [2013] NSWDC 99

The plaintiff did not establish breach of duty by the defendant; the accident resulted from the plaintiff's own sudden and unexpected backward movement into the path of the defendant's slowly moving vehicle. Even had breach been established, the plaintiff's actions constituted 100% contributory negligence, barring recovery under both negligence and blameless accident claims.

Jurisdiction: Australia
Judgment Date: 04 June 2013
Procedural Posture: Personal Injury Motor Vehicle Accident / Principal Judgment at Trial
Outcome: Judgment for the defendant. Plaintiff to pay defendant's costs. Liberty to restore re costs. Exhibits retained for 28 days.
Legal Topics: ['negligence' 'contributory Negligence' 'blameless Accident' 'motor Vehicle Accidents' 'admissibility of Evidence']

['tort Law' 'personal Injury'] ['negligence' 'contributory Negligence' 'blameless Accident' 'motor Vehicle Accidents' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Personal Injury Motor Vehicle Accident / Principal Judgment at Trial

Legal Issues

1 ['Whether defendant breached duty of care to plaintiff as pedestrian' 'Whether plaintiff was contributorily negligent' "Whether accident is a 'blameless accident' under s 7B Motor Accidents Compensation Act 1999 (NSW)" 'Admissibility of surveillance film evidence' 'Quantum of damages']

Ratio Decidendi

Court Disposition

Judgment for the defendant. Plaintiff to pay defendant's costs. Liberty to restore re costs. Exhibits retained for 28 days.

Orders

['Judgment for the defendant.' "Plaintiff pay defendant's costs." 'Liberty to restore in relation to costs.' 'Exhibits retained for 28 days.']