Goodman v Keeves

Goodman v Keeves

The trial judge was entitled to accept the medical evidence that the closed head injury would have occurred even if a seat belt was worn, to make separate findings for different injuries, and to apportion liability as he did, taking into account the claimant's age and the availability of the seat belt.

Parties
Claimant/respondent: Louise Goodman (a patient by her mother and litigation friend Shirley Bosworth); Defendant/applicant: Andrew Keeves
Jurisdiction
England and Wales
Judgment Date
19 May 2003
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Contributory Negligence, Seat Belt Defence, Apportionment of Liability
Tort Law Personal Injury Contributory Negligence Seat Belt Defence Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Louise Goodman (a patient by her mother and litigation friend Shirley Bosworth)

Claimant/respondent

Andrew Keeves

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding that the closed head injury would have occurred even if the claimant wore a seat belt
  2. 2 Whether the judge was correct to make separate findings for head injury and other injuries regarding contributory negligence
  3. 3 Whether the apportionment of liability for failure to wear a seat belt and for knowledge of the driver's intoxication was appropriate

Ratio Decidendi

The trial judge was entitled to accept the medical evidence that the closed head injury would have occurred even if a seat belt was worn, to make separate findings for different injuries, and to apportion liability as he did, taking into account the claimant's age and the availability of the seat belt.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused