Ellis v Kelly & Anor [2018] EWHC 2031 (QB) (31 July 2018)

Ellis v Kelly & Anor [2018] EWHC 2031 (QB) (31 July 2018)

The claimant, an 8-year-old child, was not contributorily negligent as his actions amounted to a momentary misjudgement in the context of a driver acting recklessly and outside the child's experience; the mother was not negligent as she acted as a reasonable parent would in the circumstances.

Citation
[2018] EWHC 2031 (QB)
Parties
Claimant: Master Caine Steven John Ellis (by his Grandmother and Litigation Friend, Janet Titley); Defendant/part 20 Claimant: Mr Paul Kelly; Part 20 Defendant: Mrs Violet Ellis
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Personal Injury Road Traffic Accident / Liability Trial; Judgment on Liability and Part 20 Claim
Outcome
Judgment for the claimant on full liability; Part 20 claim against the mother dismissed.
Legal Topics
Contributory Negligence, Parental Responsibility, Child Pedestrian Accidents, Duty of Care, Apportionment of Liability
Tort Law Personal Injury Contributory Negligence Parental Responsibility Child Pedestrian Accidents Duty of Care Apportionment of Liability

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Parties

Master Caine Steven John Ellis (by his Grandmother and Litigation Friend, Janet Titley)

Claimant

Mr Paul Kelly

Defendant/part 20 Claimant

Mrs Violet Ellis

Part 20 Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Liability Trial; Judgment on Liability and Part 20 Claim

Legal Issues

  1. 1 Whether the child claimant was contributorily negligent
  2. 2 Whether the mother (Mrs Ellis) was negligent and liable under Part 20 claim

Ratio Decidendi

The claimant, an 8-year-old child, was not contributorily negligent as his actions amounted to a momentary misjudgement in the context of a driver acting recklessly and outside the child's experience; the mother was not negligent as she acted as a reasonable parent would in the circumstances.

Court Disposition

Judgment for the claimant on full liability; Part 20 claim against the mother dismissed.

Orders

  • Damages to be assessed on a full liability basis.
  • Part 20 claim against Mrs Ellis dismissed.