Turner v Arriva North East Ltd

Turner v Arriva North East Ltd

The bus driver was not negligent as he was not travelling at an excessive speed, had a green light, and could not have seen the deceased before the collision due to restricted visibility; it would be unreasonable to expect more vigilance in the circumstances.

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, Contributory Negligence
Tort Law Fatal Accidents Negligence Road Traffic Accidents Contributory Negligence

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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 as he was not travelling at an excessive speed, had a green light, and could not have seen the deceased before the collision due to restricted visibility; it would be unreasonable to expect more vigilance in the circumstances.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed