Burton v Evitt [2011] EWCA Civ 1378 (28 October 2011)

Burton v Evitt [2011] EWCA Civ 1378 (28 October 2011)

The defendant was negligent for failing to take additional steps to check for overtaking vehicles when his view was obstructed, but the claimant's gross negligence in overtaking at high speed warranted a greater share of liability.

Citation
[2011] EWCA Civ 1378
Parties
Respondent/claimant: Burton; Appellant/defendant: Evitt
Jurisdiction
England and Wales
Judgment Date
28 October 2011
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability and Apportionment
Outcome
Appeal allowed in part
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Apportionment of Liability
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accident Apportionment of Liability

Case Brief

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Parties

Burton

Respondent/claimant

Evitt

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability and Apportionment

Legal Issues

  1. 1 Whether the defendant was negligent in turning right without adequately checking for overtaking vehicles
  2. 2 Whether the apportionment of liability between claimant and defendant was correct

Ratio Decidendi

The defendant was negligent for failing to take additional steps to check for overtaking vehicles when his view was obstructed, but the claimant's gross negligence in overtaking at high speed warranted a greater share of liability.

Court Disposition

Appeal allowed in part

Orders

  • Finding of negligence against defendant upheld
  • Original apportionment of liability (two-thirds claimant, one-third defendant) set aside