Gracie Lea Atkinson v Thomas Kennedy & Anor

Gracie Lea Atkinson v Thomas Kennedy & Anor

The Defendant's driving did not fall below the standard of a reasonably competent and careful professional driver. It was not reasonably foreseeable that the Claimant would run into the side of the vehicle, and there was no obligation to stop or reduce speed further. The accident was unavoidable at the speed the Defendant was travelling, and no breach of duty occurred.

Parties
Claimant: Miss Gracie Lea Atkinson (a child proceeding by her mother and litigation friend, Mrs Josie Blackburn); First Defendant: Mr Thomas Kennedy; Second Defendant: Grab and Deliver Limited
Jurisdiction
England and Wales
Judgment Date
09 June 2024
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Liability Only
Outcome
Claim dismissed; judgment for the Defendant
Legal Topics
Negligence, Duty of Care, Standard of Care, Vicarious Liability, Contributory Negligence, Highway Code
Tort Law Personal Injury Negligence Duty of Care Standard of Care Vicarious Liability Contributory Negligence Highway Code

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Parties

Miss Gracie Lea Atkinson (a child proceeding by her mother and litigation friend, Mrs Josie Blackburn)

Claimant

Mr Thomas Kennedy

First Defendant

Grab and Deliver Limited

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial on Liability Only

Legal Issues

  1. 1 Whether the Defendant's driving fell below the standard of a reasonably competent and careful professional driver and caused the accident
  2. 2 Whether the Defendant breached his duty of care to the Claimant, a child pedestrian
  3. 3 Whether the Defendant should have stopped or reduced speed further at the junction

Ratio Decidendi

The Defendant's driving did not fall below the standard of a reasonably competent and careful professional driver. It was not reasonably foreseeable that the Claimant would run into the side of the vehicle, and there was no obligation to stop or reduce speed further. The accident was unavoidable at the speed the Defendant was travelling, and no breach of duty occurred.

Court Disposition

Claim dismissed; judgment for the Defendant