HUNTINGTON v SAUNDERS [2000] NSWSC 1155

HUNTINGTON v SAUNDERS [2000] NSWSC 1155

The defendant was negligent by driving at excessive speed with no headlights at night, making it impossible for the deceased—acting reasonably—to see and avoid the collision. The deceased was not contributorily negligent.

Parties
Plaintiff: Janice Huntington; Defendant: Thomas Earl Saunders
Jurisdiction
Australia
Judgment Date
23 October 2000
Procedural Posture
Personal Injury / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Motor Vehicle Accident, Negligence, Contributory Negligence
Torts Personal Injury Motor Vehicle Accident Negligence Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Janice Huntington

Plaintiff

Thomas Earl Saunders

Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in the operation of his motor vehicle resulting in collision
  2. 2 Whether there was contributory negligence by the deceased

Ratio Decidendi

The defendant was negligent by driving at excessive speed with no headlights at night, making it impossible for the deceased—acting reasonably—to see and avoid the collision. The deceased was not contributorily negligent.

Court Disposition

judgment for the plaintiff