Ramirez v Maheswari

Ramirez v Maheswari

The judge's findings that the defendant was not negligent and was exercising due care were justified on the evidence; there is no automatic inference of negligence where a pedestrian suddenly emerges into the path of a vehicle and the driver is keeping a proper lookout.

Parties
Claimant/appellant: Teresa Ramirez (by her litigation friend Iqbal Bhuria); Defendant/respondent: Narendra Maheswari
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Causative Potency, Standard of Care
Tort Law Negligence Contributory Negligence Causative Potency Standard of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Teresa Ramirez (by her litigation friend Iqbal Bhuria)

Claimant/appellant

Narendra Maheswari

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant driver was negligent in failing to see the claimant pedestrian before the accident
  2. 2 Whether the judge applied the correct legal standard regarding causative potency and apportionment of liability
  3. 3 Whether the judge failed to apply a sufficiently high standard of care to the defendant driver

Ratio Decidendi

The judge's findings that the defendant was not negligent and was exercising due care were justified on the evidence; there is no automatic inference of negligence where a pedestrian suddenly emerges into the path of a vehicle and the driver is keeping a proper lookout.

Court Disposition

application for permission to appeal dismissed

Orders

  • Application for permission to appeal is dismissed.