O' Connor v Stuttard [2011] EWCA Civ 829 (19 July 2011)

O' Connor v Stuttard [2011] EWCA Civ 829 (19 July 2011)

The defendant was negligent because, knowing children were playing and that the claimant was unpredictably close to the kerb, he failed to take reasonable steps (such as stopping or sounding his horn) to ensure the child's safety before proceeding closely past him.

Source-derived case information.

Citation
[2011] EWCA Civ 829
Parties
Appellant: O'Connor; Respondent: Stuttard
Jurisdiction
England and Wales
Judgment Date
19 July 2011
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Negligence, Road Traffic Accident, Standard of Care, Duty of Care, Children and Negligence
Tort Personal Injury Negligence Road Traffic Accident Standard of Care Duty of Care Children and Negligence

Source-derived case record

Summary, issues, holding and outcome

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Parties

O'Connor

Appellant

Stuttard

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the defendant driver was negligent in failing to stop or sound his horn when driving close to a child playing with a ball on the pavement
  2. 2 Whether the judge at first instance erred in concluding that the defendant was not negligent

Ratio Decidendi

The defendant was negligent because, knowing children were playing and that the claimant was unpredictably close to the kerb, he failed to take reasonable steps (such as stopping or sounding his horn) to ensure the child's safety before proceeding closely past him.

Court Disposition

Appeal allowed

Orders

  • Judgment entered for the claimant
  • Damages to be assessed if not agreed