Bollito v Arriva London

Bollito v Arriva London

The driver was negligent in closing the doors on the claimant and accelerating while the claimant was between the doors, creating a foreseeable risk of injury. The claimant did not intentionally block the doors or jump from the bus, but was trapped and fell as a result of the driver's actions. There was no...

Source-derived case information.

Parties
Claimant: Vincenzo Bollito (by his wife and Litigation Friend Filomena Esposito); Defendant: Arriva London
Jurisdiction
England and Wales
Judgment Date
18 January 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Negligence, Personal Injury, Contributory Negligence, Duty of Care, Passenger Safety
Tort Law Negligence Personal Injury Contributory Negligence Duty of Care Passenger Safety

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Parties

Vincenzo Bollito (by his wife and Litigation Friend Filomena Esposito)

Claimant

Arriva London

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant's driver was negligent in closing the doors and accelerating with the claimant between the doors
  2. 2 Whether the claimant was contributorily negligent for his injuries

Ratio Decidendi

The driver was negligent in closing the doors on the claimant and accelerating while the claimant was between the doors, creating a foreseeable risk of injury. The claimant did not intentionally block the doors or jump from the bus, but was trapped and fell as a result of the driver's actions. There was no contributory negligence on the facts found.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay the full value of the claimant's claim