Belka v Prosperini

Belka v Prosperini

The appellant was more to blame for the accident, having deliberately taken the risk of crossing in front of the taxi, and the judge's apportionment of liability was not plainly wrong. The appeal was dismissed.

Parties
Appellant/claimant: Waldemar Belka; Respondent/defendant: Joseph Lawrence Prosperini
Jurisdiction
England and Wales
Judgment Date
26 May 2011
Procedural Posture
Civil Appeal / Judgment on Appeal From Trial Court
Outcome
appeal dismissed
Legal Topics
Contributory Negligence, Apportionment of Liability, Road Traffic Accident
Tort Law Personal Injury Contributory Negligence Apportionment of Liability Road Traffic Accident

Case Brief

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Parties

Waldemar Belka

Appellant/claimant

Joseph Lawrence Prosperini

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From Trial Court

Legal Issues

  1. 1 Whether the trial judge erred in apportioning liability between the pedestrian and the driver
  2. 2 Whether the judge failed to properly consider causative potency in the context of contributory negligence

Ratio Decidendi

The appellant was more to blame for the accident, having deliberately taken the risk of crossing in front of the taxi, and the judge's apportionment of liability was not plainly wrong. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.