Smith v Fordyce & Anor

Smith v Fordyce & Anor

The judge was entitled to find, on the evidence, that the accident was caused by black ice which was not reasonably foreseeable or visible, and that the driver was not negligent. The inference of negligence was rebutted by the facts.

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 / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Negligence, Road Traffic Accident, Res Ipsa Loquitur, Burden of Proof
Tort Insurance Law Negligence Road Traffic Accident Res Ipsa Loquitur Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Nicholas George Smith

Appellant

Jonathan Fordyce

First Respondent

Quinn Insurance Limited

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

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

Ratio Decidendi

The judge was entitled to find, on the evidence, that the accident was caused by black ice which was not reasonably foreseeable or visible, and that the driver was not negligent. The inference of negligence was rebutted by the facts.

Court Disposition

appeal dismissed