Fagan v Jeffers

Fagan v Jeffers

Both the claimant and defendant were negligent in equal measure: the defendant failed to exercise sufficient caution when crossing in front of stationary traffic, and the claimant failed to anticipate the risk of a vehicle turning across his path. The judge's apportionment of liability at 50:50 was upheld.

Parties
Claimant/respondent: Patrick Feltrim Fagan; Defendant/appellant: George Jeffers
Jurisdiction
England and Wales
Judgment Date
09 March 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Motor Vehicle Accident
Tort Personal Injury Road Traffic Negligence Contributory Negligence Apportionment of Liability Motor Vehicle Accident

Case Brief

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Parties

Patrick Feltrim Fagan

Claimant/respondent

George Jeffers

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the defendant was negligent in causing the collision
  2. 2 Whether the claimant was contributorily negligent
  3. 3 Proper apportionment of liability between the parties

Ratio Decidendi

Both the claimant and defendant were negligent in equal measure: the defendant failed to exercise sufficient caution when crossing in front of stationary traffic, and the claimant failed to anticipate the risk of a vehicle turning across his path. The judge's apportionment of liability at 50:50 was upheld.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay the respondent's costs of the appeal
  • Judgment for the claimant against the defendant in the sum of £18,750 stands