Adjei v King
The defendant was negligent in failing to take appropriate action when confronted with a pedestrian in the road, but the deceased also failed to take reasonable care for his own safety, warranting a finding of contributory negligence and apportionment of liability at 60% for the driver and 40% for the pedestrian.
- Parties
- Respondent/claimant: Victoria Adjei; Appellant/defendant: Richard King
- Jurisdiction
- England and Wales
- Judgment Date
- 19 March 2003
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal allowed in part; finding of contributory negligence and apportionment of liability.
- Legal Topics
- Negligence, Contributory Negligence, Road Traffic Accident, Apportionment of Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Victoria Adjei
Respondent/claimant
Richard King
Appellant/defendant
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Was the defendant negligent in causing the road accident?
- 2 Did the deceased contribute to his own injury through contributory negligence?
- 3 What is the appropriate apportionment of liability between the driver and pedestrian?
Ratio Decidendi
The defendant was negligent in failing to take appropriate action when confronted with a pedestrian in the road, but the deceased also failed to take reasonable care for his own safety, warranting a finding of contributory negligence and apportionment of liability at 60% for the driver and 40% for the pedestrian.
Court Disposition
Appeal allowed in part; finding of contributory negligence and apportionment of liability.
Orders
- Liability apportioned: 60% driver, 40% pedestrian.
- Costs against the claimant.
Full Case Text
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