STEPHEN PARRY v STEPHEN JOHNSON & Anor

STEPHEN PARRY v STEPHEN JOHNSON & Anor

The 1st Defendant was negligent by driving too fast for the conditions, failing to use main beam headlights, and failing to keep a proper lookout, resulting in foreseeable injury to the Claimant who was visible and took reasonable precautions. There was no contributory negligence by the Claimant.

Parties
Claimant: Stephen Parry; 1st Defendant: Stephen Johnson; 2nd Defendant: NFU Mutual
Jurisdiction
England and Wales
Judgment Date
11 April 2022
Procedural Posture
Civil Personal Injury / Trial on Liability
Outcome
Judgment for the Claimant. Contributory negligence dismissed.
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Highway Code, Apportionment of Liability
Tort Law Personal Injury Road Traffic Negligence Contributory Negligence Duty of Care Highway Code Apportionment of Liability

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Parties

Stephen Parry

Claimant

Stephen Johnson

1st Defendant

NFU Mutual

2nd Defendant

Procedural Posture

Civil Personal Injury / Trial on Liability

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in causing injury to the Claimant
  2. 2 Whether the Claimant was contributorily negligent
  3. 3 Standard of care owed by a driver towing overhanging equipment to pedestrians on verges

Ratio Decidendi

The 1st Defendant was negligent by driving too fast for the conditions, failing to use main beam headlights, and failing to keep a proper lookout, resulting in foreseeable injury to the Claimant who was visible and took reasonable precautions. There was no contributory negligence by the Claimant.

Court Disposition

Judgment for the Claimant. Contributory negligence dismissed.