Ingram v Woodhouse [2001] EWCA Civ 1045 (25 June 2001)
The defendant failed to act as a reasonable driver would have done by not applying emergency braking when first seeing the pedestrian, thereby causing the accident. The claimant was contributorily negligent in the manner she crossed the road, justifying an apportionment of liability at 70% to the defendant and 30% to the claimant.
- Citation
- [2001] EWCA Civ 1045
- Parties
- Claimant/respondent: Kelly Ann Ingram; Defendant/appellant: Clarissa J Woodhouse
- Jurisdiction
- England and Wales
- Judgment Date
- 25 June 2001
- Procedural Posture
- Civil Appeal / Appeal From Exeter County Court Judgment
- Outcome
- Appeal allowed in part
- Legal Topics
- Negligence, Contributory Negligence, Road Traffic Accident
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kelly Ann Ingram
Claimant/respondent
Clarissa J Woodhouse
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From Exeter County Court Judgment
Legal Issues
- 1 Whether the defendant was negligent in failing to brake and avoid the collision
- 2 Whether the claimant was contributorily negligent in the manner and place of crossing the road
Ratio Decidendi
The defendant failed to act as a reasonable driver would have done by not applying emergency braking when first seeing the pedestrian, thereby causing the accident. The claimant was contributorily negligent in the manner she crossed the road, justifying an apportionment of liability at 70% to the defendant and 30% to the claimant.
Court Disposition
Appeal allowed in part
Orders
- Claimant's liability assessed at 30% and defendant's at 70%
- Costs not to be enforced except against damages and costs by way of set off
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment