Lightfoot v Go-Ahead Group Plc [2011] EWHC 89 (QB) (01 February 2011)

Lightfoot v Go-Ahead Group Plc [2011] EWHC 89 (QB) (01 February 2011)

The defendant's employee was negligent by failing to keep a proper lookout, being distracted by reading a timetable, and not using main beam headlights, which caused the accident. The claimant was also negligent by stepping into the road while drunk and attempting to flag down the bus in hazardous circumstances. Apportionment of liability is 60% to the defendant and 40% to the claimant.

Citation
[2011] EWHC 89
Parties
Claimant: Stephen Lightfoot; Litigation Friend: Colin Lightfoot; Defendant: Go-Ahead Group PLC
Jurisdiction
England and Wales
Judgment Date
01 February 2011
Procedural Posture
Personal Injury Road Traffic Accident / Liability, Causation and Contributory Negligence Trial
Outcome
Liability apportioned: 60% to defendant, 40% to claimant.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Pedestrian Liability
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accident Pedestrian Liability

Case Brief

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Parties

Stephen Lightfoot

Claimant

Colin Lightfoot

Litigation Friend

Go-Ahead Group PLC

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Liability, Causation and Contributory Negligence Trial

Legal Issues

  1. 1 Was the defendant negligent in causing the accident?
  2. 2 Did the claimant contribute to his own injuries through negligence?
  3. 3 What is the appropriate apportionment of liability?

Ratio Decidendi

The defendant's employee was negligent by failing to keep a proper lookout, being distracted by reading a timetable, and not using main beam headlights, which caused the accident. The claimant was also negligent by stepping into the road while drunk and attempting to flag down the bus in hazardous circumstances. Apportionment of liability is 60% to the defendant and 40% to the claimant.

Court Disposition

Liability apportioned: 60% to defendant, 40% to claimant.

Orders

  • Damages recoverable by the claimant to be reduced by 40% pursuant to the Law Reform (Contributory Negligence) Act 1945.