Stotardt v Selkent Bus Co & Anor

The evidence does not establish that Mr Kundi performed a U-turn or contributed to the accident. The defence of inevitable accident is not proven on the balance of probabilities. The accident was caused by the bus driver's negligence in driving onto the wrong side of the road, striking Mr Kundi's car, and crashing into the shop.

Parties: Claimant: Michelle Stotardt (formerly Michelle Couchley); First Defendant: Stagecoach Selkent Ltd (formerly Selkent Bus Co); Second Defendant / Part 20 Defendant: Valdir Kundi
Jurisdiction: England and Wales
Judgment Date: 18 July 2003
Procedural Posture: Civil / Judgment on Liability Only
Outcome: Judgment for the claimant against the first defendant; judgment for the second defendant in the Part 20 proceedings and against the claimant.
Legal Topics: Negligence, Inevitable Accident, Road Traffic Accident, Medical Evidence

Tort Personal Injury Negligence Inevitable Accident Road Traffic Accident Medical Evidence

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Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1

Parties

Michelle Stotardt (formerly Michelle Couchley)

Claimant

Stagecoach Selkent Ltd (formerly Selkent Bus Co)

First Defendant

Valdir Kundi

Second Defendant / Part 20 Defendant

Procedural Posture

Civil / Judgment on Liability Only

Legal Issues

1 Was the accident caused by negligence of the bus driver or by a medical event?
2 Did Mr Kundi perform a U-turn and contribute to the accident?
3 Is the defence of inevitable accident established?

Ratio Decidendi

Court Disposition

Judgment for the claimant against the first defendant; judgment for the second defendant in the Part 20 proceedings and against the claimant.

Orders

First defendant liable to claimant for injuries sustained.
Second defendant (Mr Kundi) not liable; Part 20 claim against him dismissed.