Tolley v Carr & Ors

The claimant was not guilty of contributory negligence; his actions were brave and reasonable in the circumstances, and he took proper care for his own safety.

Parties: Claimant: David Tolley; First Defendant: Claire Carr; Second Defendant: Helen Johnson; Third Defendant: Damian O’Callaghan
Jurisdiction: England and Wales
Judgment Date: 11 May 2010
Procedural Posture: Negligence Claim / Judgment on Liability (contributory Negligence)
Outcome: Judgment for the claimant; no reduction for contributory negligence.
Legal Topics: Negligence, Rescuer Cases, Contributory Negligence, Duty of Care

Tort Law Negligence Rescuer Cases Contributory Negligence Duty of Care

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Parties

David Tolley

Claimant

Claire Carr

First Defendant

Helen Johnson

Second Defendant

Damian O’Callaghan

Third Defendant

Procedural Posture

Negligence Claim / Judgment on Liability (contributory Negligence)

Legal Issues

1 Whether the claimant was guilty of contributory negligence in attempting to move a vehicle from the motorway after rescuing the driver

Ratio Decidendi

The claimant was not guilty of contributory negligence; his actions were brave and reasonable in the circumstances, and he took proper care for his own safety.

Court Disposition

Judgment for the claimant; no reduction for contributory negligence.

Orders

Judgment entered for the claimant.
Damages to be assessed without any reduction.