Eyres v Atkinsons Kitchens & Bedrooms Ltd

Eyres v Atkinsons Kitchens & Bedrooms Ltd

The Court of Appeal found, on balance of probabilities, that the accident was caused by the claimant falling asleep (micro-sleep) due to excessive tiredness after long working hours imposed by the employer, not by use of a mobile phone. The employer was therefore liable. The claimant was held contributorily negligent for not wearing a seatbelt and for driving while tired, with damages reduced by 33%.

Parties
Appellant/claimant: Michael Eyres; Respondent/defendant: Atkinsons Kitchens and Bedrooms Limited
Jurisdiction
England and Wales
Judgment Date
24 April 2007
Procedural Posture
Civil Appeal (personal Injury/employer's Liability) / Appeal From Queen’s Bench Division to Court of Appeal
Outcome
Appeal allowed; judgment for claimant with damages to be assessed and reduced for contributory negligence.
Legal Topics
Employer's Liability, Negligence, Contributory Negligence, Personal Injury, Use of Mobile Phones While Driving, Fatigue and Road Safety
Tort Law Employment Law Employer's Liability Negligence Contributory Negligence Personal Injury Use of Mobile Phones While Driving Fatigue and Road Safety

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 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael Eyres

Appellant/claimant

Atkinsons Kitchens and Bedrooms Limited

Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury/employer's Liability) / Appeal From Queen’s Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether the accident was caused by the claimant's tiredness (micro-sleep) or by use of a mobile phone while driving
  2. 2 Whether the employer was liable for requiring excessive working hours
  3. 3 Extent of contributory negligence for not wearing a seatbelt and for driving while tired

Ratio Decidendi

The Court of Appeal found, on balance of probabilities, that the accident was caused by the claimant falling asleep (micro-sleep) due to excessive tiredness after long working hours imposed by the employer, not by use of a mobile phone. The employer was therefore liable. The claimant was held contributorily negligent for not wearing a seatbelt and for driving while tired, with damages reduced by 33%.

Court Disposition

Appeal allowed; judgment for claimant with damages to be assessed and reduced for contributory negligence.

Orders

  • Judgment for the claimant for damages to be assessed, reduced by 33% for contributory negligence.