Davis v Schrogin [2006] EWCA Civ 974 (27 June 2006)

The claimant was not contributorily negligent because he had no reasonable opportunity to avoid the collision; the defendant's negligent U-turn was the sole cause of the accident.

Citation: [2006] EWCA Civ 974
Parties: Claimant/respondent: Davis; Defendant/appellant: Schrogin
Jurisdiction: England and Wales
Judgment Date: 27 June 2006
Procedural Posture: Civil Appeal / Appeal From County Court Judgment
Outcome: appeal dismissed
Legal Topics: Negligence, Contributory Negligence, Motorcycle Accident, U Turn Liability

Tort Personal Injury Road Traffic Negligence Contributory Negligence Motorcycle Accident U Turn Liability

Case Brief

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Parties

Davis

Claimant/respondent

Schrogin

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

1 Whether the claimant was guilty of contributory negligence in a road traffic collision involving a U-turn by the defendant
2 Whether the trial judge's findings on causation and fault were correct

Ratio Decidendi

The claimant was not contributorily negligent because he had no reasonable opportunity to avoid the collision; the defendant's negligent U-turn was the sole cause of the accident.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs.