Syred v Powszecnny Zaklad Ubezpieczen (PZU) SA & Ors

Syred v Powszecnny Zaklad Ubezpieczen (PZU) SA & Ors

The court held that the defendants failed to prove that the claimant's failure to wear a seat belt caused or materially contributed to his most serious injuries (brain injury and aortic tear), and thus only a minimal deduction (5%) for contributory negligence was appropriate, limited to other injuries. Damages for pain and suffering were assessed under Polish law with broad judicial discretion, not by slavish adherence to the Polish Ordinance, and set at 300,000 Zlotys (£50,000). State benefits received by the claimant were to be deducted from damages in accordance with Polish law, as the English statute did not override the applicable foreign law in this context.

Parties
Claimant: Robert Charles Syred; First Defendant: Powszechny 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 / Road Traffic Accident / Judgment After Trial on Contributory Negligence and Quantum
Outcome
Judgment for the claimant with a 5% deduction for contributory negligence; damages to be calculated in accordance with the judgment.
Legal Topics
Contributory Negligence, Quantum of Damages, Applicable Law Under Rome II, Assessment of Damages Under Foreign Law, Deduction of State Benefits
Private International Law Tort Law Personal Injury Contributory Negligence Quantum of Damages Applicable Law Under Rome II Assessment of Damages Under Foreign Law Deduction of State Benefits

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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Robert Charles Syred

Claimant

Powszechny Zaklad Ubezpieczen (PZU) SA

First Defendant

Waclaw Bednorz

Second Defendant

HDI-Gerling Industrie Versicherung AG

Third Defendant

Procedural Posture

Personal Injury / Road Traffic Accident / Judgment After Trial on Contributory Negligence and Quantum

Legal Issues

  1. 1 Whether the claimant's failure to wear a seat belt constituted contributory negligence under Polish law and the extent of any deduction from damages
  2. 2 How damages for pain and suffering and pecuniary loss should be assessed under Polish law
  3. 3 Whether state benefits received by the claimant should be deducted from damages under Polish or English law

Ratio Decidendi

The court held that the defendants failed to prove that the claimant's failure to wear a seat belt caused or materially contributed to his most serious injuries (brain injury and aortic tear), and thus only a minimal deduction (5%) for contributory negligence was appropriate, limited to other injuries. Damages for pain and suffering were assessed under Polish law with broad judicial discretion, not by slavish adherence to the Polish Ordinance, and set at 300,000 Zlotys (£50,000). State benefits received by the claimant were to be deducted from damages in accordance with Polish law, as the English statute did not override the applicable foreign law in this context.

Court Disposition

Judgment for the claimant with a 5% deduction for contributory negligence; damages to be calculated in accordance with the judgment.

Orders

  • Damages for pain and suffering assessed at 300,000 Zlotys (£50,000) under Polish law.
  • Deduction of 5% from total damages for contributory negligence.