Louise Jane Palmer v Russell Timms & Ors

Louise Jane Palmer v Russell Timms & Ors

The first defendant was not found to have deliberately blocked the deceased's path, but was negligent in moving his lorry left without checking it was safe, in breach of the Highway Code and his duty as a professional driver. The deceased was contributorily negligent in attempting to undertake through a narrow gap, but the greater blameworthiness and causative potency lay with the first defendant. Liability apportioned two-thirds to the claimant, one-third reduction for contributory negligence.

Parties
Claimant: Louise Jane Palmer (Widow of Simon Fraser Palmer, Deceased); First Defendant: Mr Russell Timms; Second Defendant: Bluestone Transport Limited; Third Defendant: Zurich Insurance Plc
Jurisdiction
England and Wales
Judgment Date
09 November 2024
Procedural Posture
Civil Fatal Road Traffic Accident / High Court Trial Judgment on Liability and Contributory Negligence
Outcome
Judgment for the claimant on liability, with damages reduced by one third for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Trespass to the Person, Highway Code, Liability Apportionment
Tort Law Road Traffic Law Negligence Contributory Negligence Trespass to the Person Highway Code Liability Apportionment

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Parties

Louise Jane Palmer (Widow of Simon Fraser Palmer, Deceased)

Claimant

Mr Russell Timms

First Defendant

Bluestone Transport Limited

Second Defendant

Zurich Insurance Plc

Third Defendant

Procedural Posture

Civil Fatal Road Traffic Accident / High Court Trial Judgment on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the first defendant deliberately or negligently caused the fatal collision by moving his lorry left into the path of the deceased motorcyclist
  2. 2 Whether the claimant is entitled to damages for trespass to the person or negligence
  3. 3 Whether and to what extent the deceased was contributorily negligent

Ratio Decidendi

The first defendant was not found to have deliberately blocked the deceased's path, but was negligent in moving his lorry left without checking it was safe, in breach of the Highway Code and his duty as a professional driver. The deceased was contributorily negligent in attempting to undertake through a narrow gap, but the greater blameworthiness and causative potency lay with the first defendant. Liability apportioned two-thirds to the claimant, one-third reduction for contributory negligence.

Court Disposition

Judgment for the claimant on liability, with damages reduced by one third for contributory negligence.

Orders

  • Judgment for the claimant on liability.
  • Damages to be reduced by one third for contributory negligence.