Morris v Murray & Anor [1990] EWCA Civ 10 (03 August 1990)

Morris v Murray & Anor [1990] EWCA Civ 10 (03 August 1990)

The plaintiff, being aware of and participating in a flight with a pilot whose intoxication was extreme and obvious, voluntarily assumed the risk of injury, thereby engaging the defence of volenti non fit injuria and barring his claim for damages.

Citation
[1990] EWCA Civ 10
Parties
Plaintiff: Mr. Morris; Defendants: Mrs. Gibbins and Mr. Murray's father (Administrators of the estate of Mr. H. H. Murray)
Jurisdiction
England and Wales
Judgment Date
03 August 1990
Procedural Posture
Appeal / Judgment on Appeal From Order of Deputy Judge Awarding Damages for Personal Injuries
Outcome
Appeal allowed; plaintiff's claim barred by volenti non fit injuria.
Legal Topics
Negligence, Volenti Non Fit Injuria, Contributory Negligence, Personal Injury, Assumption of Risk
Tort Law Negligence Volenti Non Fit Injuria Contributory Negligence Personal Injury Assumption of Risk

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Parties

Mr. Morris

Plaintiff

Mrs. Gibbins and Mr. Murray's father (Administrators of the estate of Mr. H. H. Murray)

Defendants

Procedural Posture

Appeal / Judgment on Appeal From Order of Deputy Judge Awarding Damages for Personal Injuries

Legal Issues

  1. 1 Whether the defence of volenti non fit injuria applies to bar the plaintiff's claim for personal injuries sustained as a passenger in an aircraft piloted by an intoxicated pilot
  2. 2 Whether contributory negligence or volenti is the appropriate doctrine in such circumstances

Ratio Decidendi

The plaintiff, being aware of and participating in a flight with a pilot whose intoxication was extreme and obvious, voluntarily assumed the risk of injury, thereby engaging the defence of volenti non fit injuria and barring his claim for damages.

Court Disposition

Appeal allowed; plaintiff's claim barred by volenti non fit injuria.

Orders

  • Order of Judge Rice awarding £130,000 in damages to the plaintiff set aside.
  • No damages awarded to the plaintiff.