Steadman v London United Busways Ltd & Anor [2011] EWHC 2136 (QB) (05 August 2011)

Steadman v London United Busways Ltd & Anor [2011] EWHC 2136 (QB) (05 August 2011)

The court found that the second defendant, Matthew Sala, did not drive negligently and did not cause the bus to brake suddenly. The evidence, including CCTV and expert testimony, showed that Mr Sala drove with due consideration and any delays in moving off were to allow other vehicles to merge. The bus driver's evidence was found unreliable and tailored to suit his interests. Therefore, the first defendant is liable for the claimant's injuries.

Citation
[2011] EWHC 2136 (QB)
Parties
Claimant: Valerie Steadman; First Defendant: London United Busways Limited; Second Defendant: Matthew Sala
Jurisdiction
England and Wales
Judgment Date
05 August 2011
Procedural Posture
Personal Injury/negligence / Trial of Preliminary Issue of Liability Between Defendants
Outcome
Second defendant not liable; first defendant liable for claimant's injuries.
Legal Topics
Negligence, Liability Apportionment, Road Traffic Accidents, Standard of Care, Evidence Assessment
Tort Law Personal Injury Negligence Liability Apportionment Road Traffic Accidents Standard of Care Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Valerie Steadman

Claimant

London United Busways Limited

First Defendant

Matthew Sala

Second Defendant

Procedural Posture

Personal Injury/negligence / Trial of Preliminary Issue of Liability Between Defendants

Legal Issues

  1. 1 Whether the second defendant (Matthew Sala) was negligent and caused the claimant's injury
  2. 2 Whether the first defendant (London United Busways Limited) was liable for the claimant's injury
  3. 3 Assessment of credibility and reliability of witnesses and expert evidence

Ratio Decidendi

The court found that the second defendant, Matthew Sala, did not drive negligently and did not cause the bus to brake suddenly. The evidence, including CCTV and expert testimony, showed that Mr Sala drove with due consideration and any delays in moving off were to allow other vehicles to merge. The bus driver's evidence was found unreliable and tailored to suit his interests. Therefore, the first defendant is liable for the claimant's injuries.

Court Disposition

Second defendant not liable; first defendant liable for claimant's injuries.

Orders

  • Claim against second defendant dismissed.
  • First defendant to meet claimant's claim in full as previously undertaken.