Bland & Anor v Morris & Anor

Bland & Anor v Morris & Anor

The trial judge was entitled to find Mrs Morris two-thirds to blame and Mr Bland one-third to blame for the accident, given Mrs Morris's failure to move the coach to a safe place or evacuate the passengers, her greater responsibility as the coach driver, and the evidence regarding the time available to take action. The judge's findings of fact and apportionment were not plainly wrong and should not be disturbed on appeal.

Parties
Respondent/claimant: Simon Paul Bland; Respondent/claimant: Rathbones Bakeries Ltd; Appellant/defendant: Jeanette Priscilla Morris; Appellant/defendant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
18 January 2006
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Negligence, Apportionment of Liability, Duty of Care, Road Traffic Accidents, Contributory Negligence
Tort Law Road Traffic Law Negligence Apportionment of Liability Duty of Care Road Traffic Accidents Contributory Negligence

Case Brief

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Parties

Simon Paul Bland

Respondent/claimant

Rathbones Bakeries Ltd

Respondent/claimant

Jeanette Priscilla Morris

Appellant/defendant

Ministry of Defence

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the trial judge erred in apportioning two-thirds of the blame for a fatal road traffic accident to Mrs Morris and one-third to Mr Bland.
  2. 2 Whether Mrs Morris owed a greater duty of care to the passengers than Mr Bland.
  3. 3 Whether the judge failed to give proper weight to Mr Bland's negligence.

Ratio Decidendi

The trial judge was entitled to find Mrs Morris two-thirds to blame and Mr Bland one-third to blame for the accident, given Mrs Morris's failure to move the coach to a safe place or evacuate the passengers, her greater responsibility as the coach driver, and the evidence regarding the time available to take action. The judge's findings of fact and apportionment were not plainly wrong and should not be disturbed on appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Parties to use best endeavours to agree costs, with disagreements to be submitted for summary assessment