Whiteford v Kubas UAB
The lorry driver did not breach the standard of care expected of a reasonable and prudent driver given the narrowness of the road; to find negligence would impose an unacceptably high standard. The Recorder erred in finding liability against the defendant.
- Parties
- Respondent/claimant: Whiteford; Appellant/defendant: Kubas UAB (A Company)
- Jurisdiction
- England and Wales
- Judgment Date
- 09 May 2012
- Procedural Posture
- Civil Appeal / Appeal From Trial Judgment on Liability After Road Traffic Accident
- Outcome
- Appeal allowed; claim dismissed
- Legal Topics
- Negligence, Contributory Negligence, Standard of Care, Road Traffic Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Whiteford
Respondent/claimant
Kubas UAB (A Company)
Appellant/defendant
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Liability After Road Traffic Accident
Legal Issues
- 1 Whether the lorry driver was negligent in his positioning on the road
- 2 Whether the claimant's contributory negligence should reduce or extinguish liability
Ratio Decidendi
The lorry driver did not breach the standard of care expected of a reasonable and prudent driver given the narrowness of the road; to find negligence would impose an unacceptably high standard. The Recorder erred in finding liability against the defendant.
Court Disposition
Appeal allowed; claim dismissed
Orders
- Appeal allowed
- Claim dismissed
Full Case Text
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