Norris v Tennant-Smith [1995] EWCA Civ 2 (7th September, 1995)

Norris v Tennant-Smith [1995] EWCA Civ 2 (7th September, 1995)

The Defendant was not negligent as the Plaintiff stepped suddenly and without warning into the road, giving the Defendant no reasonable opportunity to avoid the collision. The Defendant's actions (braking and swerving) were those of a reasonable and prudent driver in the circumstances.

Citation
[1995] EWCA Civ 2
Parties
Plaintiff/appellant: Mark Joseph Norris (suing by his next friend Winfred Norris); Defendant/respondent: Julian Tennant-Smith
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Claim for Damages
Outcome
Appeal dismissed
Legal Topics
Negligence, Road Traffic Accident, Standard of Care, Contributory Negligence
Tort Law Personal Injury Negligence Road Traffic Accident Standard of Care Contributory Negligence

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Parties

Mark Joseph Norris (suing by his next friend Winfred Norris)

Plaintiff/appellant

Julian Tennant-Smith

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Claim for Damages

Legal Issues

  1. 1 Whether the Defendant was negligent in failing to avoid the collision with the Plaintiff
  2. 2 Whether the Defendant failed to take reasonable care (including sounding the horn or reacting appropriately)
  3. 3 Whether the Plaintiff's conduct contributed to the accident

Ratio Decidendi

The Defendant was not negligent as the Plaintiff stepped suddenly and without warning into the road, giving the Defendant no reasonable opportunity to avoid the collision. The Defendant's actions (braking and swerving) were those of a reasonable and prudent driver in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Section 18 costs order nisi