Howe v Houlton & Ors

Howe v Houlton & Ors

The defendant was wholly liable for the accident because he failed to exercise proper care by not noticing and avoiding the open car door and the claimant, despite having sufficient time and space to do so. The claimant was not contributorily negligent as his actions did not amount to a failure to take reasonable care for his own safety, and his illegal parking was not causative of the accident.

Parties
Claimant: Andrew Howe; First Defendant: Wayne Houlton; Second Defendant: Marshall Barry Ltd; Third Defendant: Norwich Union Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
18 December 2009
Procedural Posture
Civil Personal Injury / Judgment After Split Trial on Liability
Outcome
Judgment for the claimant on liability; defendant wholly liable.
Legal Topics
Road Traffic Accident, Vicarious Liability, Contributory Negligence, Duty of Care, Breach of Statutory Duty
Tort Personal Injury Negligence Road Traffic Accident Vicarious Liability Contributory Negligence Duty of Care Breach of Statutory Duty

Case Brief

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Parties

Andrew Howe

Claimant

Wayne Houlton

First Defendant

Marshall Barry Ltd

Second Defendant

Norwich Union Insurance Ltd

Third Defendant

Procedural Posture

Civil Personal Injury / Judgment After Split Trial on Liability

Legal Issues

  1. 1 Whether the defendant was negligent in causing the accident
  2. 2 Whether the claimant was contributorily negligent
  3. 3 Whether the claimant's illegal parking was causative of the accident

Ratio Decidendi

The defendant was wholly liable for the accident because he failed to exercise proper care by not noticing and avoiding the open car door and the claimant, despite having sufficient time and space to do so. The claimant was not contributorily negligent as his actions did not amount to a failure to take reasonable care for his own safety, and his illegal parking was not causative of the accident.

Court Disposition

Judgment for the claimant on liability; defendant wholly liable.

Orders

  • Defendant held wholly liable for the accident and resultant injuries, loss and damage to the claimant.
  • Damages to be assessed at a later hearing.