Wells v Trinder [2002] EWCA Civ 1030 (9 July 2002)

Wells v Trinder [2002] EWCA Civ 1030 (9 July 2002)

The defendant was negligent in driving too fast, failing to use full beam headlights, and failing to see the claimant in time. However, the claimant was also contributorily negligent for failing to see the approaching car when she should have. The appropriate apportionment of liability is 75% to the defendant and 25% to the claimant.

Citation
[2002] EWCA Civ 1030
Parties
Claimant/respondent: Tina Wells; Defendant/appellant: Mark Trinder
Jurisdiction
England and Wales
Judgment Date
09 July 2002
Procedural Posture
Civil Appeal (personal Injury, Running Down Action) / Appeal From Luton County Court Judgment on Liability
Outcome
Appeal allowed in part; liability apportioned 75% to defendant, 25% to claimant.
Legal Topics
Negligence, Contributory Negligence, Pedestrian Road Traffic Accident, Apportionment of Liability
Tort Law Personal Injury Negligence Contributory Negligence Pedestrian Road Traffic Accident Apportionment of Liability

Case Brief

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Parties

Tina Wells

Claimant/respondent

Mark Trinder

Defendant/appellant

Procedural Posture

Civil Appeal (personal Injury, Running Down Action) / Appeal From Luton County Court Judgment on Liability

Legal Issues

  1. 1 Whether the defendant was negligent in causing the accident
  2. 2 Whether the claimant was contributorily negligent
  3. 3 Proper apportionment of liability between pedestrian and driver

Ratio Decidendi

The defendant was negligent in driving too fast, failing to use full beam headlights, and failing to see the claimant in time. However, the claimant was also contributorily negligent for failing to see the approaching car when she should have. The appropriate apportionment of liability is 75% to the defendant and 25% to the claimant.

Court Disposition

Appeal allowed in part; liability apportioned 75% to defendant, 25% to claimant.

Orders

  • Order below on costs to stand.
  • Appellant to have 50% of his costs of the appeal.