Ahanonu v South East London & Kent Bus Company Ltd [2008] EWCA Civ 274 (23 January 2008)

Ahanonu v South East London & Kent Bus Company Ltd [2008] EWCA Civ 274 (23 January 2008)

The bus driver was not negligent because, given the circumstances and the need to monitor the bus in front, it was not reasonable to expect him to keep a constant lookout in the nearside mirror; the claimant's actions were extraordinarily dangerous and unforeseeable; the trial judge imposed an excessive standard of care on the driver.

Citation
[2008] EWCA Civ 274
Parties
Respondent/claimant: Ahanonu; Appellants/defendants: South East London & Kent Bus Company Ltd
Jurisdiction
England and Wales
Judgment Date
23 January 2008
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Liability and Contributory Negligence
Outcome
Appeal allowed; judgment for defendants
Legal Topics
Negligence, Contributory Negligence, Standard of Care, Duty of Care, Road Traffic Accident
Tort Law Personal Injury Negligence Contributory Negligence Standard of Care Duty of Care Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Ahanonu

Respondent/claimant

South East London & Kent Bus Company Ltd

Appellants/defendants

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the bus driver was negligent in failing to see and avoid the claimant
  2. 2 Whether the claimant was contributorily negligent and to what extent
  3. 3 Whether the trial judge erred in finding liability against the defendants

Ratio Decidendi

The bus driver was not negligent because, given the circumstances and the need to monitor the bus in front, it was not reasonable to expect him to keep a constant lookout in the nearside mirror; the claimant's actions were extraordinarily dangerous and unforeseeable; the trial judge imposed an excessive standard of care on the driver.

Court Disposition

Appeal allowed; judgment for defendants

Orders

  • Defendants found not liable; claim dismissed