Lamoon v Fry [2004] EWCA Civ 591 (29 April 2004)
The motorist was negligent in driving too fast for the conditions and failing to slow for the bend, which contributed to the accident. The trial judge's apportionment of 40% liability to the motorist and 60% to the cyclist was within the range of reasonable possibilities and should not be disturbed on appeal.
- Citation
- [2004] EWCA Civ 591
- Parties
- Claimant/respondent: Matthew Peter Lamoon; Defendant/applicant: John Clifford Fry
- Jurisdiction
- England and Wales
- Judgment Date
- 29 April 2004
- Procedural Posture
- Civil Appeal / Appeal From County Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Negligence, Contributory Negligence, Road Traffic Accident, Apportionment of Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Matthew Peter Lamoon
Claimant/respondent
John Clifford Fry
Defendant/applicant
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Legal Issues
- 1 Whether the motorist was negligent in driving too fast for the conditions
- 2 Whether the motorist's negligence was a cause of the accident
- 3 Whether the apportionment of liability between the cyclist and the motorist was correct
Ratio Decidendi
The motorist was negligent in driving too fast for the conditions and failing to slow for the bend, which contributed to the accident. The trial judge's apportionment of 40% liability to the motorist and 60% to the cyclist was within the range of reasonable possibilities and should not be disturbed on appeal.
Court Disposition
Appeal dismissed
Orders
- Application for permission to appeal granted
- Appeal dismissed with costs
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