Podesta v Akhtar & Anor

Podesta v Akhtar & Anor

The defendant failed to see and identify the claimant as a hazard despite having an unobstructed view for several seconds, breached his duty by not keeping proper lookout and not avoiding collision, and this negligence caused the accident. The claimant was contributorily negligent for stepping into the carriageway without seeing the approaching vehicle; her share of blame is assessed at 30%.

Parties
Claimant: Catherine Podesta; First Defendant: Rayyaz Akhtar; Second Defendant: Aviva Insurance Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Personal Injury / Judgment After Preliminary Trial on Liability and Causation
Outcome
Liability apportioned; judgment for claimant with 30% reduction for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Duty of Care
Tort Personal Injury Negligence Contributory Negligence Road Traffic Accident Duty of Care

Case Brief

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Parties

Catherine Podesta

Claimant

Rayyaz Akhtar

First Defendant

Aviva Insurance Limited

Second Defendant

Procedural Posture

Personal Injury / Judgment After Preliminary Trial on Liability and Causation

Legal Issues

  1. 1 Whether the defendant's driving fell below the standard of a reasonable driver
  2. 2 Whether the defendant's negligence caused the accident
  3. 3 Whether the claimant was contributorily negligent and to what extent

Ratio Decidendi

The defendant failed to see and identify the claimant as a hazard despite having an unobstructed view for several seconds, breached his duty by not keeping proper lookout and not avoiding collision, and this negligence caused the accident. The claimant was contributorily negligent for stepping into the carriageway without seeing the approaching vehicle; her share of blame is assessed at 30%.

Court Disposition

Liability apportioned; judgment for claimant with 30% reduction for contributory negligence.

Orders

  • Defendant found negligent and liable for accident.
  • Claimant's damages to be reduced by 30% for contributory negligence.