Ramirez v Maheswari [2015] EWCA Civ 879 (24 June 2015)

Ramirez v Maheswari [2015] EWCA Civ 879 (24 June 2015)

The defendant was not negligent as he was keeping a proper lookout and driving with due care; the accident was solely caused by the claimant's own negligent crossing of the road, and there was no basis to infer negligence or apportion liability to the defendant.

Citation
[2015] EWCA Civ 879
Parties
Claimant/appellant: Teresa Ramirez (by her litigation friend Iqbal Bhuria); Defendant/respondent: Narendra Maheswari
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Application for permission to appeal dismissed
Legal Topics
Negligence, Personal Injury, Contributory Negligence, Standard of Care, Causative Potency
Tort Law Negligence Personal Injury Contributory Negligence Standard of Care Causative Potency

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Parties

Teresa Ramirez (by her litigation friend Iqbal Bhuria)

Claimant/appellant

Narendra Maheswari

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the defendant driver was negligent in failing to see the claimant pedestrian before the collision
  2. 2 Whether the judge applied the correct standard of care to the defendant driver
  3. 3 Whether causative potency principles required apportionment of liability

Ratio Decidendi

The defendant was not negligent as he was keeping a proper lookout and driving with due care; the accident was solely caused by the claimant's own negligent crossing of the road, and there was no basis to infer negligence or apportion liability to the defendant.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused