Morrissey v Lackey [2008] NSWDC 78

Morrissey v Lackey [2008] NSWDC 78

The cause of the accident was the plaintiff's position on the road where he should not have been, inadequate illumination on his part, and his movement across the road when alerted to the approaching car; the defendant was not in breach of her duty of care.

Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Verdict for the defendant
Legal Topics
['motor Vehicle Accident' 'liability' 'negligence' 'contributory Negligence' 'cyclist' 'illumination' 'duty of Care']
['torts'] ['motor Vehicle Accident' 'liability' 'negligence' 'contributory Negligence' 'cyclist' 'illumination' 'duty of Care']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendant negligently drove the car and caused injury to the plaintiff' 'Whether the plaintiff was contributorily negligent and to what extent']

Ratio Decidendi

The cause of the accident was the plaintiff's position on the road where he should not have been, inadequate illumination on his part, and his movement across the road when alerted to the approaching car; the defendant was not in breach of her duty of care.

Court Disposition

Verdict for the defendant

Orders

  • ["The plaintiff is to pay the defendant's costs of the proceedings." 'The exhibits are returned.']