Podesta v Akhtar & Anor [2019] EWHC 1245 (QB) (16 May 2019)

Podesta v Akhtar & Anor [2019] EWHC 1245 (QB) (16 May 2019)

The Defendant failed to exercise the standard of care expected of a reasonable driver by not seeing the Claimant, who was visible and identifiable as a potential hazard, and failing to avoid the collision. The Claimant contributed to the accident by not seeing the approaching vehicle and stepping into the carriageway. The fair and equitable share of her blame is assessed at 30%.

Citation
[2019] EWHC 1245
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 / Liability and Causation Trial as Preliminary Issues
Outcome
Liability apportioned; Defendant found negligent with 70% responsibility, Claimant contributory negligent with 30% responsibility.
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence
Tort Personal Injury Road Traffic Accident Negligence Contributory Negligence

Case Brief

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Parties

Catherine Podesta

Claimant

Rayyaz Akhtar

First Defendant

Aviva Insurance Limited

Second Defendant

Procedural Posture

Personal Injury / Liability and Causation Trial as Preliminary Issues

Legal Issues

  1. 1 Whether the standard of the Defendant's driving fell below that of a reasonable driver
  2. 2 Whether the Defendant's failure was causative of the accident
  3. 3 Extent of contributory negligence by the Claimant

Ratio Decidendi

The Defendant failed to exercise the standard of care expected of a reasonable driver by not seeing the Claimant, who was visible and identifiable as a potential hazard, and failing to avoid the collision. The Claimant contributed to the accident by not seeing the approaching vehicle and stepping into the carriageway. The fair and equitable share of her blame is assessed at 30%.

Court Disposition

Liability apportioned; Defendant found negligent with 70% responsibility, Claimant contributory negligent with 30% responsibility.

Orders

  • Claimant's damages to be reduced by 30% for contributory negligence
  • Further directions to be given for quantum