McIntosh v Harman [2018] EWHC 726 (QB) (06 April 2018)

McIntosh v Harman [2018] EWHC 726 (QB) (06 April 2018)

The Defendant failed to pay proper attention and/or was travelling too fast to react appropriately to a stationary hazard in his path, and should have been able to stop or steer around the police vehicle if driving at a reasonable speed for the conditions. The Claimant was contributorily negligent for accidentally turning off her side lights, which contributed to the Defendant's misapprehension.

Citation
[2018] EWHC 726
Parties
Claimant: Mrs Susan McIntosh; Defendant: Mr Barry Harman
Jurisdiction
England and Wales
Judgment Date
06 April 2018
Procedural Posture
Personal Injury Claim / Liability Trial as Preliminary Issue Before a Master
Outcome
Judgment for the Claimant with 30% contributory negligence attributed to her.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Standard of Care, Apportionment of Liability
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accident Standard of Care Apportionment of Liability

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Parties

Mrs Susan McIntosh

Claimant

Mr Barry Harman

Defendant

Procedural Posture

Personal Injury Claim / Liability Trial as Preliminary Issue Before a Master

Legal Issues

  1. 1 Whether the Defendant's negligent driving caused the accident
  2. 2 Whether the Claimant was contributorily negligent and to what extent

Ratio Decidendi

The Defendant failed to pay proper attention and/or was travelling too fast to react appropriately to a stationary hazard in his path, and should have been able to stop or steer around the police vehicle if driving at a reasonable speed for the conditions. The Claimant was contributorily negligent for accidentally turning off her side lights, which contributed to the Defendant's misapprehension.

Court Disposition

Judgment for the Claimant with 30% contributory negligence attributed to her.

Orders

  • Parties to agree consequential order and any further directions in advance of handing down judgment.