Sabir v Osei-Kwabena [2015] EWCA Civ 1213 (25 November 2015)

Sabir v Osei-Kwabena [2015] EWCA Civ 1213 (25 November 2015)

The trial judge's assessment that the claimant's contributory negligence was 25% was within the range of reasonable decision-making, given the greater causal potency and blameworthiness of the defendant's conduct in failing to keep a proper lookout, and the absence of deliberate risk-taking by the claimant.

Citation
[2015] EWCA Civ 1213
Parties
Appellant/defendant: Maria Sabir (Suing by her Litigation Friend, the Official Solicitor); Respondent/claimant: Nana Osei-Kwabena
Jurisdiction
England and Wales
Judgment Date
25 November 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Pedestrian Road Traffic Accident, Apportionment of Liability, Damages Reduction
Tort Law Personal Injury Contributory Negligence Pedestrian Road Traffic Accident Apportionment of Liability Damages Reduction

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Parties

Maria Sabir (Suing by her Litigation Friend, the Official Solicitor)

Appellant/defendant

Nana Osei-Kwabena

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing the claimant's contributory negligence at 25%
  2. 2 Whether the apportionment of liability was outside the range of reasonable decision-making

Ratio Decidendi

The trial judge's assessment that the claimant's contributory negligence was 25% was within the range of reasonable decision-making, given the greater causal potency and blameworthiness of the defendant's conduct in failing to keep a proper lookout, and the absence of deliberate risk-taking by the claimant.

Court Disposition

Appeal dismissed

Orders

  • The assessment of 25% contributory negligence stands; no adjustment to damages apportionment.