Sabir v Osei-Kwabena

Sabir v Osei-Kwabena

The trial judge's assessment that the claimant was 25% responsible for her injuries was within the range of reasonable decision making. The claimant's misjudgement was not deliberate risk-taking, and the defendant's failure to keep a proper lookout was the primary cause. There is no basis for appellate interference.

Parties
Respondent/claimant: Maria Sabir (Suing by her Litigation Friend, the Official Solicitor); Appellant/defendant: 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, Personal Injury, Road Traffic Accident, Damages Apportionment
Tort Law Contributory Negligence Personal Injury Road Traffic Accident Damages Apportionment

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Parties

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

Respondent/claimant

Nana Osei-Kwabena

Appellant/defendant

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% for injuries sustained in a road traffic accident
  2. 2 Whether the apportionment of responsibility was outside the range reasonably open to the trial judge

Ratio Decidendi

The trial judge's assessment that the claimant was 25% responsible for her injuries was within the range of reasonable decision making. The claimant's misjudgement was not deliberate risk-taking, and the defendant's failure to keep a proper lookout was the primary cause. There is no basis for appellate interference.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.