Adjei v King [2003] EWCA Civ 414 (19 March 2003)

Adjei v King [2003] EWCA Civ 414 (19 March 2003)

The defendant was negligent in failing to take appropriate action when confronted with a pedestrian in the road, but the deceased also failed to take reasonable care for his own safety, warranting a finding of contributory negligence and apportionment of liability at 60% driver, 40% pedestrian.

Citation
[2003] EWCA Civ 414
Parties
Respondent/claimant: Victoria Adjei; Appellant/defendant: Richard King
Jurisdiction
England and Wales
Judgment Date
19 March 2003
Procedural Posture
Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal allowed in part; finding of contributory negligence against the deceased.
Legal Topics
Road Traffic Accident, Contributory Negligence, Apportionment of Liability
Tort Personal Injury Negligence Road Traffic Accident Contributory Negligence Apportionment of Liability

Case Brief

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Parties

Victoria Adjei

Respondent/claimant

Richard King

Appellant/defendant

Procedural Posture

Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Was the defendant negligent in causing the fatal accident?
  2. 2 Did the deceased contribute to his own injury by contributory negligence?
  3. 3 What is the proper apportionment of liability between driver and pedestrian?

Ratio Decidendi

The defendant was negligent in failing to take appropriate action when confronted with a pedestrian in the road, but the deceased also failed to take reasonable care for his own safety, warranting a finding of contributory negligence and apportionment of liability at 60% driver, 40% pedestrian.

Court Disposition

Appeal allowed in part; finding of contributory negligence against the deceased.

Orders

  • Liability apportioned: 60% driver, 40% pedestrian.
  • Costs against claimant.