Richards v Picco [2000] NSWCA 35

Richards v Picco [2000] NSWCA 35

The cause of the accident was the deceased's excessive speed, not the appellant's negligence. The appellant checked the motorcycle's position multiple times, signaled her intention to turn, and was entitled to assume the deceased would take care to avoid a collision. There was insufficient basis to find a want of care by the appellant in making the right turn.

Parties
Appellant: Jennifer Richards; Respondent: Catherine Picco
Jurisdiction
Australia
Judgment Date
10 March 2000
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed. Verdict and judgment for the respondent set aside. Verdict and judgment for the appellant substituted. Cross-appeal dismissed. Respondent to pay the costs of the appeal, cross-appeal, and costs below, and to have a certificate under the Suitors' Fund Act if qualified.
Legal Topics
Negligence, Motor Vehicle Accidents, Contributory Negligence, Assessment of Damages
Tort Law Negligence Motor Vehicle Accidents Contributory Negligence Assessment of Damages

Case Brief

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Parties

Jennifer Richards

Appellant

Catherine Picco

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant was negligent in failing to pay proper attention to the approaching cyclist
  2. 2 Whether the trial judge's assessment of contributory negligence was inadequate
  3. 3 Cross-appeal on assessment of damages

Ratio Decidendi

The cause of the accident was the deceased's excessive speed, not the appellant's negligence. The appellant checked the motorcycle's position multiple times, signaled her intention to turn, and was entitled to assume the deceased would take care to avoid a collision. There was insufficient basis to find a want of care by the appellant in making the right turn.

Court Disposition

Appeal allowed. Verdict and judgment for the respondent set aside. Verdict and judgment for the appellant substituted. Cross-appeal dismissed. Respondent to pay the costs of the appeal, cross-appeal, and costs below, and to have a certificate under the Suitors' Fund Act if qualified.

Orders

  • Appeal allowed.
  • Verdict and judgment for the respondent set aside.