O' Connor v Stuttard

O' Connor v Stuttard

The defendant, knowing he was driving through an area where children were playing, failed to take reasonable steps to ensure the claimant was aware of his presence and keeping still before proceeding; this failure constituted negligence.

Parties
Appellant: O’Connor; Respondent: Stuttard
Jurisdiction
England and Wales
Judgment Date
19 July 2011
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed; judgment for the claimant; damages to be assessed if not agreed.
Legal Topics
Negligence, Duty of Care, Road Traffic Accident, Contributory Negligence
Tort Law Personal Injury Negligence Duty of Care Road Traffic Accident Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

O’Connor

Appellant

Stuttard

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in his manner of driving given the presence of children playing in the street
  2. 2 Whether the defendant took reasonable care to avoid causing injury to the claimant
  3. 3 Whether the claimant was contributorily negligent

Ratio Decidendi

The defendant, knowing he was driving through an area where children were playing, failed to take reasonable steps to ensure the claimant was aware of his presence and keeping still before proceeding; this failure constituted negligence.

Court Disposition

Appeal allowed; judgment for the claimant; damages to be assessed if not agreed.

Orders

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