Maranowska v Richardson & Anor [2007] EWHC 1264 (QB) (25 May 2007)

Maranowska v Richardson & Anor [2007] EWHC 1264 (QB) (25 May 2007)

The claimant stepped onto the bus crossing without checking for a green man or looking for oncoming buses, at a time when the traffic lights were green for the bus. The bus was travelling at or below the speed limit and stopped as quickly as possible. The driver was not negligent and could not have avoided the collision. The sole cause of the accident was the claimant's own inattention.

Citation
[2007] EWHC 1264
Parties
Claimant: Ella Maranowska; First Defendant: Brian Richardson; Second Defendant: Arriva Plc
Jurisdiction
England and Wales
Judgment Date
25 May 2007
Procedural Posture
Personal Injury Claim / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Negligence, Road Traffic Accident, Pedestrian Crossing, Duty of Care, Standard of Care
Tort Law Personal Injury Negligence Road Traffic Accident Pedestrian Crossing Duty of Care Standard of Care

Case Brief

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Parties

Ella Maranowska

Claimant

Brian Richardson

First Defendant

Arriva Plc

Second Defendant

Procedural Posture

Personal Injury Claim / Trial Judgment

Legal Issues

  1. 1 Whether the first defendant was negligent in driving the bus at the time of the accident
  2. 2 Whether the traffic lights at the bus crossing were red or green for the bus at the time of the accident
  3. 3 Whether the claimant was contributorily negligent or solely responsible for the accident

Ratio Decidendi

The claimant stepped onto the bus crossing without checking for a green man or looking for oncoming buses, at a time when the traffic lights were green for the bus. The bus was travelling at or below the speed limit and stopped as quickly as possible. The driver was not negligent and could not have avoided the collision. The sole cause of the accident was the claimant's own inattention.

Court Disposition

Claim dismissed