Parry v Johnson & Anor (Rev2) [2022] EWHC 889 (QB) (11 April 2022)

Parry v Johnson & Anor (Rev2) [2022] EWHC 889 (QB) (11 April 2022)

The 1st Defendant was negligent in failing to drive at a safe speed, failing to use main beam headlights, and failing to keep a proper lookout, resulting in foreseeable injury to the Claimant. The Claimant and his wife were sufficiently visible and took reasonable precautions. There was no contributory negligence by...

Source-derived case information.

Citation
[2022] EWHC 889 (QB)
Parties
Claimant: Stephen Parry; 1st Defendant: Stephen Johnson; 2nd Defendant: NFU Mutual
Jurisdiction
England and Wales
Judgment Date
11 April 2022
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Liability
Outcome
Judgment for the Claimant. No contributory negligence found.
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Road Traffic Accident, Pedestrian Safety
Tort Law Personal Injury Negligence Contributory Negligence Duty of Care Road Traffic Accident Pedestrian Safety

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Summary, issues, holding and outcome

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Parties

Stephen Parry

Claimant

Stephen Johnson

1st Defendant

NFU Mutual

2nd Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial on Liability

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in driving the tractor and towing an unlit seeding machine resulting in injury to the Claimant
  2. 2 Whether the Claimant was contributorily negligent for his own injuries

Ratio Decidendi

The 1st Defendant was negligent in failing to drive at a safe speed, failing to use main beam headlights, and failing to keep a proper lookout, resulting in foreseeable injury to the Claimant. The Claimant and his wife were sufficiently visible and took reasonable precautions. There was no contributory negligence by the Claimant.

Court Disposition

Judgment for the Claimant. No contributory negligence found.

Orders

  • Consequential orders to be dealt with as per attached Order.