GEORGE v FITZGERALD [1992] NSWCA 74
The defendant was negligent in moving into the kerbside lane too quickly and failing to keep a proper lookout for pedestrians; the plaintiff was not guilty of contributory negligence as she took reasonable precautions before stepping into the lane.
- Parties
- Plaintiff: George; Defendant: Fitzgerald
- Jurisdiction
- Australia
- Judgment Date
- 21 February 1992
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Negligence, Contributory Negligence, Pedestrian Accident
Case Brief
Summary, issues, holding and outcome
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Parties
George
Plaintiff
Fitzgerald
Defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the defendant was negligent in causing injury to the plaintiff.
- 2 Whether the plaintiff was guilty of contributory negligence.
Ratio Decidendi
The defendant was negligent in moving into the kerbside lane too quickly and failing to keep a proper lookout for pedestrians; the plaintiff was not guilty of contributory negligence as she took reasonable precautions before stepping into the lane.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
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