Sung v Patterson [2001] NSWCA 210

Sung v Patterson [2001] NSWCA 210

The respondent was not negligent as there was insufficient time to avoid the collision once the appellant began running across the intersection against the lights. The accident was due to the appellant's actions, and no error in the trial judge's findings was demonstrated.

Parties
Appellant: David Sung; Respondent: Alexander Patterson
Jurisdiction
Australia
Judgment Date
29 June 2001
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Motor Vehicle Accident, Pedestrian Injury, Negligence, Duty of Care
Tort Law Motor Vehicle Accident Pedestrian Injury Negligence Duty of Care

Case Brief

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Parties

David Sung

Appellant

Alexander Patterson

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent had time to avoid the accident with the appellant pedestrian
  2. 2 Whether the respondent was negligent in the circumstances

Ratio Decidendi

The respondent was not negligent as there was insufficient time to avoid the collision once the appellant began running across the intersection against the lights. The accident was due to the appellant's actions, and no error in the trial judge's findings was demonstrated.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.