Tolley v Carr & Ors [2010] EWHC 2191 (QB) (11 May 2010)

Tolley v Carr & Ors [2010] EWHC 2191 (QB) (11 May 2010)

Mr Tolley was not guilty of contributory negligence because his actions in attempting to move the car were reasonable in all the circumstances, motivated by a genuine and immediate concern for the safety of others, and he took appropriate precautions for his own safety. The defendants failed to discharge the burden of proving otherwise.

Citation
[2010] EWHC 2191
Parties
Claimant: David Tolley; First Defendant: Claire Carr; Second Defendant: Helen Johnson; Third Defendant: Damian O'Callaghan
Jurisdiction
England and Wales
Judgment Date
11 May 2010
Procedural Posture
Negligence Claim (personal Injury) / Trial of Liability (contributory Negligence Only)
Outcome
Judgment for the Claimant; no reduction for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Rescuer Doctrine, Duty of Care
Tort Law Personal Injury Negligence Contributory Negligence Rescuer Doctrine Duty of Care

Case Brief

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Parties

David Tolley

Claimant

Claire Carr

First Defendant

Helen Johnson

Second Defendant

Damian O'Callaghan

Third Defendant

Procedural Posture

Negligence Claim (personal Injury) / Trial of Liability (contributory Negligence Only)

Legal Issues

  1. 1 Whether the claimant, Mr Tolley, was guilty of contributory negligence in attempting to move a vehicle from a motorway after rescuing the driver.

Ratio Decidendi

Mr Tolley was not guilty of contributory negligence because his actions in attempting to move the car were reasonable in all the circumstances, motivated by a genuine and immediate concern for the safety of others, and he took appropriate precautions for his own safety. The defendants failed to discharge the burden of proving otherwise.

Court Disposition

Judgment for the Claimant; no reduction for contributory negligence.

Orders

  • Judgment entered for the Claimant.
  • Damages to be assessed without any reduction for contributory negligence.