Curry & Anor v Ehrari [2007] EWCA Civ 120 (21 February 2007)

Curry & Anor v Ehrari [2007] EWCA Civ 120 (21 February 2007)

The driver was negligent in failing to keep a careful watch for pedestrians, particularly children, and had an opportunity to avoid the accident by swerving; the trial judge's findings on negligence and opportunity for avoidance were justified and should not be overturned.

Citation
[2007] EWCA Civ 120
Parties
Appellant: Curry & Anr; Respondent: Ehrari
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Standard of Care
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Standard of Care

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Parties

Curry & Anr

Appellant

Ehrari

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench) to Court of Appeal

Legal Issues

  1. 1 Whether the driver was negligent in failing to see the claimant and take avoiding action
  2. 2 Whether the driver had an opportunity to avoid the accident
  3. 3 Appropriate apportionment of liability

Ratio Decidendi

The driver was negligent in failing to keep a careful watch for pedestrians, particularly children, and had an opportunity to avoid the accident by swerving; the trial judge's findings on negligence and opportunity for avoidance were justified and should not be overturned.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the trial judge's findings on negligence and apportionment of liability stand.