SEERS v TURRELL [1997] NSWCA 279
The appeal was dismissed because the trial judge adequately found the appellant negligent in failing to slow down and keep a proper lookout when aware of a pedestrian crossing at a refuge, and the apportionment of contributory negligence to the respondent was within the appropriate discretionary range.
- Parties
- Respondent: Seers; Appellant: Turrell
- Jurisdiction
- Australia
- Judgment Date
- 19 November 1997
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Negligence, Contributory Negligence, Pedestrian Injury, Motor Vehicle Accidents
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Seers
Respondent
Turrell
Appellant
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial judge made necessary findings of fact to determine negligence and contributory negligence.
- 2 Whether the apportionment of contributory negligence was appropriate.
Ratio Decidendi
The appeal was dismissed because the trial judge adequately found the appellant negligent in failing to slow down and keep a proper lookout when aware of a pedestrian crossing at a refuge, and the apportionment of contributory negligence to the respondent was within the appropriate discretionary range.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment