Syred v Powszecnny Zaklad Ubezpieczen (PZU) SA & Ors [2016] EWHC 254 (QB) (12 February 2016)

Syred v Powszecnny Zaklad Ubezpieczen (PZU) SA & Ors [2016] EWHC 254 (QB) (12 February 2016)

The burden of proof for causation in contributory negligence under Polish law remains with the defendants; the defendants failed to prove that wearing a seat belt would have reduced the severity of the claimant's most serious injuries, so no reduction is made for those injuries, but a reduction is appropriate for other injuries likely avoided by restraint. Damages for pain and suffering are to be assessed under Polish law with broad judicial discretion, considering the claimant's residence in England and the global impact of his injuries, not by slavish adherence to the Ordinance table. Pecuniary loss is assessed per English law, with credit for certain state benefits as required by...

Citation
[2016] EWHC 254 (QB)
Parties
Claimant: Robert Charles Syred; First Defendant: Powszecnny Zaklad Ubezpieczen (PZU) SA; Second Defendant: Waclaw Bednorz; Third Defendant: HDI-Gerling Industrie Versicherung AG
Jurisdiction
England and Wales
Judgment Date
12 February 2016
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Trial on Contributory Negligence and Quantum
Outcome
Claim allowed in part; damages awarded subject to reduction for contributory negligence in respect of certain injuries only.
Legal Topics
Contributory Negligence, Quantum of Damages, Application of Foreign Law, Assessment of Non Pecuniary Loss, Seat Belt Law, Burden of Proof, Pecuniary Loss, Credit for State Benefits
Private International Law Tort Law Personal Injury Contributory Negligence Quantum of Damages Application of Foreign Law Assessment of Non Pecuniary Loss Seat Belt Law +3 more

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Parties

Robert Charles Syred

Claimant

Powszecnny Zaklad Ubezpieczen (PZU) SA

First Defendant

Waclaw Bednorz

Second Defendant

HDI-Gerling Industrie Versicherung AG

Third Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Trial on Contributory Negligence and Quantum

Legal Issues

  1. 1 Whether the claimant's failure to wear a seat belt constitutes contributory negligence under Polish law and the extent of any reduction in damages; assessment of quantum for pain, suffering, and pecuniary loss under Polish law; whether credit must be given for state benefits received; application of Polish law versus English law in assessment of damages.

Ratio Decidendi

The burden of proof for causation in contributory negligence under Polish law remains with the defendants; the defendants failed to prove that wearing a seat belt would have reduced the severity of the claimant's most serious injuries, so no reduction is made for those injuries, but a reduction is appropriate for other injuries likely avoided by restraint. Damages for pain and suffering are to be assessed under Polish law with broad judicial discretion, considering the claimant's residence in England and the global impact of his injuries, not by slavish adherence to the Ordinance table. Pecuniary loss is assessed per English law, with credit for certain state benefits as required by...

Court Disposition

Claim allowed in part; damages awarded subject to reduction for contributory negligence in respect of certain injuries only.

Orders

  • No reduction for contributory negligence in relation to head injury or aortic tear; reduction applied to other injuries and consequences.
  • General damages for pain and suffering assessed at 300,000 Zlotys (£50,000).