McPherson v Smith & Ors

McPherson v Smith & Ors

The Defendant was primarily liable because he failed to take a final look up the road before turning right, at which point the Claimant was visible and should have been seen. However, the Claimant was guilty of grossly excessive speed and remained on the wrong side of the road for too long, which contributed significantly to the accident. Liability is apportioned two-thirds to the Defendant and one-third to the Claimant.

Parties
Claimant: Gregory Stephen McPherson; First Defendant: James Edward Smith; Second Defendant: Rosedale Funeral Home Limited; Third Defendant: Markerstudy Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
11 June 2018
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Judgment on Liability After Split Trial
Outcome
Liability apportioned two-thirds to the Defendant and one-third to the Claimant; Claimant to recover one-third of the full value of the claim.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Apportionment of Liability
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Apportionment of Liability

Case Brief

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Parties

Gregory Stephen McPherson

Claimant

James Edward Smith

First Defendant

Rosedale Funeral Home Limited

Second Defendant

Markerstudy Insurance Company Limited

Third Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Judgment on Liability After Split Trial

Legal Issues

  1. 1 Whether the Defendant was liable for the collision and resulting injuries to the Claimant
  2. 2 Whether the Claimant was contributorily negligent and to what extent

Ratio Decidendi

The Defendant was primarily liable because he failed to take a final look up the road before turning right, at which point the Claimant was visible and should have been seen. However, the Claimant was guilty of grossly excessive speed and remained on the wrong side of the road for too long, which contributed significantly to the accident. Liability is apportioned two-thirds to the Defendant and one-third to the Claimant.

Court Disposition

Liability apportioned two-thirds to the Defendant and one-third to the Claimant; Claimant to recover one-third of the full value of the claim.

Orders

  • Claimant to recover one-third of the full value of the claim; quantum to be determined in subsequent proceedings.