Goad v Butcher & Anor

Goad v Butcher & Anor

The majority held that the defendant was not negligent in making the turn with 110 metres visibility on a clear day and could not have reasonably foreseen the claimant's excessive speed; the accident was solely caused by the claimant's own negligence.

Parties
Claimant/appellant: Nicholas Owen Goad; First Defendant/respondent: Peter Butcher; Second Defendant/respondent: W. I. Butcher & Sons
Jurisdiction
England and Wales
Judgment Date
22 February 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed (majority); claim for damages fails.
Legal Topics
Negligence, Highway Code, Contributory Negligence, Road Traffic Accident
Tort Law Personal Injury Negligence Highway Code Contributory Negligence Road Traffic Accident

Case Brief

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Parties

Nicholas Owen Goad

Claimant/appellant

Peter Butcher

First Defendant/respondent

W. I. Butcher & Sons

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in making a right turn across the claimant's path
  2. 2 Whether breach of the Highway Code constituted negligence
  3. 3 Whether the claimant's excessive speed was the sole cause of the accident

Ratio Decidendi

The majority held that the defendant was not negligent in making the turn with 110 metres visibility on a clear day and could not have reasonably foreseen the claimant's excessive speed; the accident was solely caused by the claimant's own negligence.

Court Disposition

Appeal dismissed (majority); claim for damages fails.