O'Brien v NM Rothschild Aust Ltd & Anor [1999] NSWCA 211

O'Brien v NM Rothschild Aust Ltd & Anor [1999] NSWCA 211

The appellant's own sudden and unforeseeable actions in stepping and running from a sitting position on a median strip into the path of the vehicle made it impossible for the driver, who was keeping a proper lookout and travelling at a proper speed, to avoid the collision. There is no basis to disturb the trial judge's finding that the appellant's conduct was the sole cause of his injuries and the driver was not negligent.

Parties
Appellant: Daniel Francis O'Brien; First Respondent: NM Rothschild Aust Ltd; Second Respondent: Sarah Elizabeth Hill
Jurisdiction
Australia
Judgment Date
17 June 1999
Procedural Posture
Civil Appeal / Appeal From Supreme Court Common Law Division, Judgment of Simpson J
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Road Accidents, Liability of Driver, Contributory Negligence
Tort Law Negligence Road Accidents Liability of Driver Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Francis O'Brien

Appellant

NM Rothschild Aust Ltd

First Respondent

Sarah Elizabeth Hill

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court Common Law Division, Judgment of Simpson J

Legal Issues

  1. 1 Whether the trial judge erred in finding the appellant solely responsible for his injuries
  2. 2 Whether the driver breached the duty of care in failing to see and avoid the appellant
  3. 3 Whether the driver's response amounted to negligence

Ratio Decidendi

The appellant's own sudden and unforeseeable actions in stepping and running from a sitting position on a median strip into the path of the vehicle made it impossible for the driver, who was keeping a proper lookout and travelling at a proper speed, to avoid the collision. There is no basis to disturb the trial judge's finding that the appellant's conduct was the sole cause of his injuries and the driver was not negligent.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal is dismissed with costs.