Green v Bannister

Green v Bannister

The defendant was negligent in failing to check her nearside mirror or look over her left shoulder while reversing, which would probably have enabled her to see and avoid the claimant. This failure was causative of the accident. The apportionment of 60% contributory negligence to the claimant and 40% to the defendant was not unfair.

Parties
Claimant/respondent: Frank Green; Defendant/appellant: Michelle Bannister
Jurisdiction
England and Wales
Judgment Date
16 December 2003
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Standard of Care, Causation
Tort Law Negligence Contributory Negligence Standard of Care Causation

Case Brief

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Parties

Frank Green

Claimant/respondent

Michelle Bannister

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in reversing without sufficient lookout
  2. 2 Whether the negligence was causative of the claimant's injuries
  3. 3 Whether the apportionment of contributory negligence was appropriate

Ratio Decidendi

The defendant was negligent in failing to check her nearside mirror or look over her left shoulder while reversing, which would probably have enabled her to see and avoid the claimant. This failure was causative of the accident. The apportionment of 60% contributory negligence to the claimant and 40% to the defendant was not unfair.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Agreed minute of order supplied to the court