Smith v Fordyce & Anor [2013] EWCA Civ 320 (10 April 2013)

Smith v Fordyce & Anor [2013] EWCA Civ 320 (10 April 2013)

The accident was caused by the presence of unforeseeable and invisible black ice, and the driver exercised reasonable care; therefore, no negligence could be attributed to the driver and the inference of negligence was rebutted.

Citation
[2013] EWCA Civ 320
Parties
Appellant: Nicholas George Smith; First Respondent: Jonathan Fordyce; Second Respondent: Quinn Insurance Limited
Jurisdiction
England and Wales
Judgment Date
10 April 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Road Traffic Accidents, Res Ipsa Loquitur, Causation, Standard of Care
Tort Law Personal Injury Negligence Road Traffic Accidents Res Ipsa Loquitur Causation Standard of Care

Case Brief

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Parties

Nicholas George Smith

Appellant

Jonathan Fordyce

First Respondent

Quinn Insurance Limited

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding the immediate cause of the accident was black ice and not negligence by the driver
  2. 2 Whether the trial judge erred in finding that no proper criticism could attach to the driver in the circumstances

Ratio Decidendi

The accident was caused by the presence of unforeseeable and invisible black ice, and the driver exercised reasonable care; therefore, no negligence could be attributed to the driver and the inference of negligence was rebutted.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the judgment of the High Court is upheld.