Lamoon v Fry

Lamoon v Fry

The motorist was negligent in driving too fast for the conditions and failing to slow for the bend, which contributed to the accident. The trial judge's apportionment of liability at 60% to the cyclist and 40% to the motorist was within the range of reasonable assessment and should not be disturbed.

Parties
Claimant/respondent: Matthew Peter Lamoon; Defendant/applicant: John Clifford Fry
Jurisdiction
England and Wales
Judgment Date
29 April 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Apportionment of Liability
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accident Apportionment of Liability

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Parties

Matthew Peter Lamoon

Claimant/respondent

John Clifford Fry

Defendant/applicant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the motorist was negligent in driving too fast for the conditions
  2. 2 Whether the negligence was a cause of the accident
  3. 3 Whether the apportionment of liability was correct

Ratio Decidendi

The motorist was negligent in driving too fast for the conditions and failing to slow for the bend, which contributed to the accident. The trial judge's apportionment of liability at 60% to the cyclist and 40% to the motorist was within the range of reasonable assessment and should not be disturbed.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to appeal granted
  • Appeal dismissed with costs