Smith v Nottinghamshire Police

Smith v Nottinghamshire Police

The police driver was negligent in driving at excessive speed and failing to keep a proper lookout in circumstances where pedestrians could be expected. The claimant was contributorily negligent for crossing in front of an emergency vehicle with lights and siren, but the major responsibility lay with the police driver. The proper apportionment is one third contributory negligence to the claimant.

Parties
Appellant/claimant: Rebecca Ann Smith; Respondent/defendant: The Chief Constable of Nottinghamshire Police
Jurisdiction
England and Wales
Judgment Date
23 February 2012
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Liability and Contributory Negligence
Outcome
Claimant's appeal allowed in part; Respondent's cross-appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Liability Apportionment
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Liability Apportionment

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Parties

Rebecca Ann Smith

Appellant/claimant

The Chief Constable of Nottinghamshire Police

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the police driver was negligent in the circumstances of an emergency response
  2. 2 Whether the claimant was contributorily negligent and the proper apportionment of liability

Ratio Decidendi

The police driver was negligent in driving at excessive speed and failing to keep a proper lookout in circumstances where pedestrians could be expected. The claimant was contributorily negligent for crossing in front of an emergency vehicle with lights and siren, but the major responsibility lay with the police driver. The proper apportionment is one third contributory negligence to the claimant.

Court Disposition

Claimant's appeal allowed in part; Respondent's cross-appeal dismissed

Orders

  • Judgment for the claimant with a reduction of one third for contributory negligence; claimant to recover two thirds of assessed damages