Jacqueline Colizzi v Adam Coulson & Anor

Jacqueline Colizzi v Adam Coulson & Anor

The Claimant did not pause or stop for any appreciable length of time before entering the eastbound lane, was obscured by traffic, and was not visible to the First Defendant in time for any evasive action. The First Defendant was not negligent; the accident was caused solely by the Claimant's actions.

Parties
Claimant: Jacqueline Colizzi; Litigation Friend: Susan Chinn; First Defendant: Adam Coulson; Second Defendant: UK Insurance Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2024
Procedural Posture
Personal Injury Road Traffic Accident / Preliminary Liability and Causation Trial
Outcome
Claim dismissed
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Causation, Road Traffic Accident
Tort Personal Injury Negligence Contributory Negligence Duty of Care Causation Road Traffic Accident

Case Brief

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Parties

Jacqueline Colizzi

Claimant

Susan Chinn

Litigation Friend

Adam Coulson

First Defendant

UK Insurance Limited

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Preliminary Liability and Causation Trial

Legal Issues

  1. 1 Was the First Defendant negligent in the control of his vehicle?
  2. 2 Did the Claimant stop before entering the eastbound lane, giving the Defendant opportunity to avoid the collision?
  3. 3 Was the collision avoidable or could its severity have been reduced by reasonable driving?

Ratio Decidendi

The Claimant did not pause or stop for any appreciable length of time before entering the eastbound lane, was obscured by traffic, and was not visible to the First Defendant in time for any evasive action. The First Defendant was not negligent; the accident was caused solely by the Claimant's actions.

Court Disposition

Claim dismissed