Turner v Arriva North East Ltd [2006] EWCA Civ 410 (24 March 2006)

Turner v Arriva North East Ltd [2006] EWCA Civ 410 (24 March 2006)

The bus driver was not negligent; he was not driving at an excessive speed, had a green light, and could not have seen or avoided the deceased before the collision due to her actions and the traffic conditions.

Citation
[2006] EWCA Civ 410
Parties
Claimant/applicant: Craig Turner as Personal Representative of Julia Veronica Turner (Deceased); Defendant/respondent: Arriva North East Ltd
Jurisdiction
England and Wales
Judgment Date
24 March 2006
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Fatal Accidents, Negligence, Road Traffic Accidents, Apportionment of Liability
Tort Law Personal Injury Fatal Accidents Negligence Road Traffic Accidents Apportionment of Liability

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Parties

Craig Turner as Personal Representative of Julia Veronica Turner (Deceased)

Claimant/applicant

Arriva North East Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the bus driver was negligent in causing the fatal accident
  2. 2 Whether the speed of the bus was excessive in the circumstances
  3. 3 Whether the driver failed to keep a proper lookout

Ratio Decidendi

The bus driver was not negligent; he was not driving at an excessive speed, had a green light, and could not have seen or avoided the deceased before the collision due to her actions and the traffic conditions.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.