Hernandez v Acar & Anor [2019] EWHC 72 (QB) (25 January 2019)

Hernandez v Acar & Anor [2019] EWHC 72 (QB) (25 January 2019)

Both claimant and defendant were negligent: the claimant for riding at excessive speed, the defendant for failing to obtain a proper view before pulling out. The accident was caused by the combined fault of both parties. Apportionment of liability is 60% to the claimant and 40% to the defendant, reflecting both culpability and causative potency.

Citation
[2019] EWHC 72
Parties
Claimant: Enrique Leon Hernandez; First Defendant: Emre Acar; Second Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2019
Procedural Posture
Personal Injury Claim and Counterclaim / Preliminary Issue on Liability
Outcome
Liability apportioned 60% in favour of the claimant, 40% to the defendant.
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

Enrique Leon Hernandez

Claimant

Emre Acar

First Defendant

EUI Limited

Second Defendant

Procedural Posture

Personal Injury Claim and Counterclaim / Preliminary Issue on Liability

Legal Issues

  1. 1 Whether the defendant was negligent in emerging from a side road without proper observation
  2. 2 Whether the claimant was negligent in riding at excessive speed
  3. 3 Causative potency and apportionment of liability between claimant and defendant

Ratio Decidendi

Both claimant and defendant were negligent: the claimant for riding at excessive speed, the defendant for failing to obtain a proper view before pulling out. The accident was caused by the combined fault of both parties. Apportionment of liability is 60% to the claimant and 40% to the defendant, reflecting both culpability and causative potency.

Court Disposition

Liability apportioned 60% in favour of the claimant, 40% to the defendant.

Orders

  • Judgment for 60% of the claim with damages to be assessed.
  • Judgment for 40% of the counterclaim with damages to be assessed.