Bacon v Nacional Suiza Cia Seguros Y Reseguros SA [2010] EWHC 2017 (QB) (30 July 2010)

Bacon v Nacional Suiza Cia Seguros Y Reseguros SA [2010] EWHC 2017 (QB) (30 July 2010)

The claimant was solely responsible for the accident. The evidence established that the claimant, after crossing the road, stepped back into the path of the oncoming vehicle, was wearing dark clothing, was inebriated, and failed to take reasonable care for his own safety. The driver was not at fault, having driven within the speed limit, kept a proper lookout, and could not reasonably have anticipated the claimant's actions. Spanish law, as determined by the Rome II Regulation, governs liability and damages. Accordingly, the claim fails on liability.

Citation
[2010] EWHC 2017
Parties
Claimant: Robert Bacon; Defendant: Nacional Suiza Cia Seguros y Reaseguros SA
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Judgment on Preliminary Issues of Applicable Law and Liability
Outcome
Claim dismissed. Judgment for the defendant on liability.
Legal Topics
Applicable Law in Cross Border Torts, Direct Action Against Insurer, Contributory Negligence, Assessment of Liability, Temporal Scope of Rome II Regulation
Private International Law Tort Law Insurance Law Applicable Law in Cross Border Torts Direct Action Against Insurer Contributory Negligence Assessment of Liability Temporal Scope of Rome II Regulation

Case Brief

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Parties

Robert Bacon

Claimant

Nacional Suiza Cia Seguros y Reaseguros SA

Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Judgment on Preliminary Issues of Applicable Law and Liability

Legal Issues

  1. 1 Whether the defendant is liable under Spanish law for the claimant's injuries resulting from a road traffic accident in Spain
  2. 2 Whether the Rome II Regulation or the Private International Law (Miscellaneous Provisions) Act 1995 determines the applicable law
  3. 3 Whether the claimant was contributorily negligent or solely responsible for the accident

Ratio Decidendi

The claimant was solely responsible for the accident. The evidence established that the claimant, after crossing the road, stepped back into the path of the oncoming vehicle, was wearing dark clothing, was inebriated, and failed to take reasonable care for his own safety. The driver was not at fault, having driven within the speed limit, kept a proper lookout, and could not reasonably have anticipated the claimant's actions. Spanish law, as determined by the Rome II Regulation, governs liability and damages. Accordingly, the claim fails on liability.

Court Disposition

Claim dismissed. Judgment for the defendant on liability.