Podesta v Akhtar & Anor [2019] EWHC 1245 (QB) (16 May 2019)

Podesta v Akhtar & Anor [2019] EWHC 1245 (QB) (16 May 2019)

The defendant failed to exercise the standard of care expected of a reasonable driver by not seeing the claimant, who was visible and stationary on the traffic island, and not anticipating her crossing. This breach was causative of the accident. The claimant was also negligent in failing to notice the defendant's vehicle and stepping into the carriageway, warranting a reduction of damages by 30% for contributory negligence.

Citation
[2019] EWHC 1245 (QB)
Parties
Claimant: Catherine Podesta; First Defendant: Rayyaz Akhtar; Second Defendant: Aviva Insurance Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Personal Injury / Trial of Preliminary Issues (liability and Causation)
Outcome
Liability established against the defendant, with 30% reduction for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident
Tort Personal Injury Negligence Contributory Negligence Road Traffic Accident

Case Brief

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Parties

Catherine Podesta

Claimant

Rayyaz Akhtar

First Defendant

Aviva Insurance Limited

Second Defendant

Procedural Posture

Personal Injury / Trial of Preliminary Issues (liability and Causation)

Legal Issues

  1. 1 Whether the defendant's driving fell below the standard of a reasonable driver
  2. 2 Whether the defendant's negligence caused the accident
  3. 3 Extent of claimant's contributory negligence

Ratio Decidendi

The defendant failed to exercise the standard of care expected of a reasonable driver by not seeing the claimant, who was visible and stationary on the traffic island, and not anticipating her crossing. This breach was causative of the accident. The claimant was also negligent in failing to notice the defendant's vehicle and stepping into the carriageway, warranting a reduction of damages by 30% for contributory negligence.

Court Disposition

Liability established against the defendant, with 30% reduction for contributory negligence.

Orders

  • Defendant found negligent and liable for accident.
  • Claimant's damages to be reduced by 30% for contributory negligence.