ROGER JOHNSON v ANDREW WILLIAMS

ROGER JOHNSON v ANDREW WILLIAMS

The evidence was insufficiently cogent or compelling to conclude on the balance of probabilities that the Defendant caused a 3cm diameter defect to the Claimant’s medial retinaculum during surgery on 17th March 2017. The claim was not proved.

Parties
Claimant: Roger Johnson; Defendant: Andrew Williams
Jurisdiction
England and Wales
Judgment Date
20 June 2022
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Breach of Duty, Causation, Burden of Proof

Case Brief

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Parties

Roger Johnson

Claimant

Andrew Williams

Defendant

Procedural Posture

Civil / Final Judgment

  1. 1 Did the Defendant cause a large tear/defect in the Claimant’s medial retinaculum on 17th March 2017 during surgery?
  2. 2 If so, was it negligent to have done so?

Ratio Decidendi

The evidence was insufficiently cogent or compelling to conclude on the balance of probabilities that the Defendant caused a 3cm diameter defect to the Claimant’s medial retinaculum during surgery on 17th March 2017. The claim was not proved.

Court Disposition

Claim dismissed