Cother v RMC Group Plc [2001] EWCA Civ 1937 (21 November 2001)

Cother v RMC Group Plc [2001] EWCA Civ 1937 (21 November 2001)

The Recorder was entitled to accept the claimant's evidence regarding the accident location, find negligence based on failure to treat the ramp with salt, and infer causation from the accepted expert evidence. The assessment of damages was justified by the medical evidence regarding acceleration of the claimant's condition.

Citation
[2001] EWCA Civ 1937
Parties
Claimant/applicant: Kevan Cother; Defendant/respondent: RMC Group PLC
Jurisdiction
England and Wales
Judgment Date
21 November 2001
Procedural Posture
Personal Injury Appeal / Application for Permission to Appeal From County Court Judgment
Outcome
Application for permission to appeal dismissed
Legal Topics
Personal Injury, Negligence, Breach of Statutory Duty, Causation, Quantum of Damages
Tort Law Employment Law Personal Injury Negligence Breach of Statutory Duty Causation Quantum of Damages

Case Brief

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Parties

Kevan Cother

Claimant/applicant

RMC Group PLC

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Application for Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Recorder's finding of fact as to the location of the accident was correct
  2. 2 Whether the defendant was negligent in failing to treat the ramp with salt
  3. 3 Whether causation between the defendant's breach and the claimant's injury was established

Ratio Decidendi

The Recorder was entitled to accept the claimant's evidence regarding the accident location, find negligence based on failure to treat the ramp with salt, and infer causation from the accepted expert evidence. The assessment of damages was justified by the medical evidence regarding acceleration of the claimant's condition.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused