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

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

Both parties were negligent: the claimant for excessive speed (at least 45-50mph in a 30mph zone), and the defendant for failing to obtain a sufficient view up Victoria Park Road before pulling out. The claimant's speed was causative, but the defendant's failure to ensure a clear view was also a direct cause. Liability is apportioned 60% to the claimant and 40% to the defendant.

Citation
[2019] EWHC 72 (QB)
Parties
Claimant: Enrique Leon Hernandez; Defendant: Emre Acar; Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2019
Procedural Posture
Personal Injury Road Traffic Accident / Preliminary Issue on Liability
Outcome
Liability apportioned 60% in favour of the claimant and 40% to the defendant; judgment for 60% of the claim and 40% of the counterclaim, damages to be assessed.
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Apportionment of Liability
Tort Law Personal Injury Road Traffic Accident Negligence Contributory Negligence Apportionment of Liability

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Parties

Enrique Leon Hernandez

Claimant

Emre Acar

Defendant

EUI Limited

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Preliminary Issue on Liability

Legal Issues

  1. 1 Whether the defendant was negligent in emerging from a side road without sufficient view of the main road
  2. 2 Whether the claimant was negligent in exceeding the speed limit and if so, whether this was causative of the accident
  3. 3 Apportionment of liability between the parties

Ratio Decidendi

Both parties were negligent: the claimant for excessive speed (at least 45-50mph in a 30mph zone), and the defendant for failing to obtain a sufficient view up Victoria Park Road before pulling out. The claimant's speed was causative, but the defendant's failure to ensure a clear view was also a direct cause. Liability is apportioned 60% to the claimant and 40% to the defendant.

Court Disposition

Liability apportioned 60% in favour of the claimant and 40% to the defendant; judgment for 60% of the claim and 40% of the counterclaim, damages to be assessed.

Orders

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