Ferron v Metroline Travel Ltd [2002] EWCA Civ 385 (15 February 2002)

Ferron v Metroline Travel Ltd [2002] EWCA Civ 385 (15 February 2002)

The bus driver's failure to check for the claimant's presence before reversing, despite knowing he had struck two people and only seeing one, constituted negligence and was the direct cause of the claimant's injuries. The claimant's initial negligence in crossing the road did not contribute to the injury caused by the reversing bus.

Citation
[2002] EWCA Civ 385
Parties
Claimant/respondent: Armelle Ferron; Defendant/appellant: Metroline Travel Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2002
Procedural Posture
Personal Injury Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Permission to appeal refused
Legal Topics
Negligence, Contributory Negligence, Standard of Care, Causation
Tort Law Personal Injury Negligence Contributory Negligence Standard of Care Causation

Case Brief

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Parties

Armelle Ferron

Claimant/respondent

Metroline Travel Limited

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the bus driver's actions in reversing without checking constituted negligence
  2. 2 Whether the claimant's own negligence contributed to her injuries
  3. 3 Whether the judge was entitled to prefer the evidence of the claimant and her witness over that of the bus driver and taxi driver

Ratio Decidendi

The bus driver's failure to check for the claimant's presence before reversing, despite knowing he had struck two people and only seeing one, constituted negligence and was the direct cause of the claimant's injuries. The claimant's initial negligence in crossing the road did not contribute to the injury caused by the reversing bus.

Court Disposition

Permission to appeal refused

Orders

  • No order for costs