Whiteford v Kubas UAB [2012] EWCA Civ 1017 (09 May 2012)

Whiteford v Kubas UAB [2012] EWCA Civ 1017 (09 May 2012)

The lorry driver did not breach the duty of care; his positioning was reasonable given the road's narrowness. To find negligence would impose an unacceptably high standard. The claim is dismissed.

Citation
[2012] EWCA Civ 1017
Parties
Respondent/claimant: Whiteford; Appellant/defendant: Kubas UAB
Jurisdiction
England and Wales
Judgment Date
09 May 2012
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal allowed; claim dismissed
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence
Tort Personal Injury Road Traffic Accident Negligence Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Whiteford

Respondent/claimant

Kubas UAB

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the lorry driver was negligent in his positioning on the road
  2. 2 Whether the claimant's contributory negligence was properly assessed

Ratio Decidendi

The lorry driver did not breach the duty of care; his positioning was reasonable given the road's narrowness. To find negligence would impose an unacceptably high standard. The claim is dismissed.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Appeal allowed
  • Claim dismissed