Vann & Ors v Ocidental - Companhia De Seguros SA [2015] EWCA Civ 572 (04 June 2015)

Vann & Ors v Ocidental - Companhia De Seguros SA [2015] EWCA Civ 572 (04 June 2015)

The Court of Appeal held that Mr and Mrs Vann failed to take reasonable care for their own safety by not keeping a proper look out and not taking evasive action when the car became visible and audible. This failure was a contributory cause of the accident. The trial judge's inference of no contributory negligence was not supported by the primary facts. Apportionment of liability was set at 80% to the driver (Mr de Sà) and 20% to Mr and Mrs Vann.

Citation
[2015] EWCA Civ 572
Parties
Claimant/respondent: Mrs June Vann; Claimant/respondent: Mr Alex Vann; Claimant/respondent: Mrs Julia Plappert; Defendant/appellant: Ocidental - Companhia de Seguros S. A.
Jurisdiction
England and Wales
Judgment Date
04 June 2015
Procedural Posture
Personal Injury (road Traffic Accident) / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed. Judgment varied to apportion liability 80% to the driver and 20% to Mr and Mrs Vann.
Legal Topics
Contributory Negligence, Apportionment of Liability, Applicable Law Under Rome II, Road Traffic Accidents, Direct Action Against Insurer
Tort Law Private International Law Contributory Negligence Apportionment of Liability Applicable Law Under Rome II Road Traffic Accidents Direct Action Against Insurer

Case Brief

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Parties

Mrs June Vann

Claimant/respondent

Mr Alex Vann

Claimant/respondent

Mrs Julia Plappert

Claimant/respondent

Ocidental - Companhia de Seguros S. A.

Defendant/appellant

Procedural Posture

Personal Injury (road Traffic Accident) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether pedestrians (Mr and Mrs Vann) were contributorily negligent in crossing the road when struck by a speeding car
  2. 2 Whether the trial judge erred in finding no contributory negligence

Ratio Decidendi

The Court of Appeal held that Mr and Mrs Vann failed to take reasonable care for their own safety by not keeping a proper look out and not taking evasive action when the car became visible and audible. This failure was a contributory cause of the accident. The trial judge's inference of no contributory negligence was not supported by the primary facts. Apportionment of liability was set at 80% to the driver (Mr de Sà) and 20% to Mr and Mrs Vann.

Court Disposition

Appeal allowed. Judgment varied to apportion liability 80% to the driver and 20% to Mr and Mrs Vann.

Orders

  • Judgment for claimants/respondents on liability, but with 20% reduction for contributory negligence.
  • Responsibility for the accident apportioned: 80% to Mr de Sà, 20% to Mr and Mrs Vann.