Davis v Schrogin

Davis v Schrogin

The claimant was so close to the point of impact when the defendant emerged from the line of traffic without looking that he could not avoid the collision; therefore, there was no basis for any finding of contributory negligence.

Parties
Claimant/respondent: Davis; Defendant/appellant: Schrogin
Jurisdiction
England and Wales
Judgment Date
27 June 2006
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents
Tort Law Negligence Contributory Negligence Road Traffic Accidents

Case Brief

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Parties

Davis

Claimant/respondent

Schrogin

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the defendant was solely liable for the accident
  2. 2 Whether the claimant was guilty of contributory negligence

Ratio Decidendi

The claimant was so close to the point of impact when the defendant emerged from the line of traffic without looking that he could not avoid the collision; therefore, there was no basis for any finding of contributory negligence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs