McPherson v Smith & Ors [2018] EWHC 1433 (QB) (11 June 2018)

McPherson v Smith & Ors [2018] EWHC 1433 (QB) (11 June 2018)

The Defendant was primarily liable for failing to keep a proper lookout and not seeing the Claimant, who was there to be seen before turning right. However, the Claimant was guilty of contributory negligence by riding at grossly excessive speed and remaining on the wrong side of the road for too long. Liability is apportioned two-thirds to the Defendant and one-third to the Claimant.

Citation
[2018] EWHC 1433
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 Road Traffic Accident / Liability Trial (split Trial, Liability Only)
Outcome
Liability apportioned two-thirds to the Defendant and one-third to the Claimant; Claimant entitled to recover one-third of damages.
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Apportionment of Liability
Tort Law Personal Injury Road Traffic Accident Negligence Contributory Negligence 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 Road Traffic Accident / Liability Trial (split Trial, Liability Only)

Legal Issues

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

Ratio Decidendi

The Defendant was primarily liable for failing to keep a proper lookout and not seeing the Claimant, who was there to be seen before turning right. However, the Claimant was guilty of contributory negligence by riding at grossly excessive speed and remaining on the wrong side of the road for too long. 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 entitled to recover one-third of damages.

Orders

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