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, Mr Kent, was negligent in 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 in stepping into the road while drunk to flag down the bus. Apportionment of liability is 60% to the defendant and 40% to the claimant, reflecting their respective responsibility for the damage.

Citation
[2011] EWHC 89 (QB)
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; damages recoverable by the claimant reduced by 40% for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents

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 claimant's injuries?
  2. 2 Did the claimant's own negligence contribute to the accident?
  3. 3 What is the proper apportionment of liability between the parties?

Ratio Decidendi

The defendant's employee, Mr Kent, was negligent in 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 in stepping into the road while drunk to flag down the bus. Apportionment of liability is 60% to the defendant and 40% to the claimant, reflecting their respective responsibility for the damage.

Court Disposition

Liability apportioned; damages recoverable by the claimant reduced by 40% for contributory negligence.

Orders

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