Green v Haynes [2014] EWHC 4297 (QB) (18 December 2014)

Green v Haynes [2014] EWHC 4297 (QB) (18 December 2014)

The defendant was in breach of his duty of care by choosing to drive when he was unwell and by driving too fast and in the wrong lane, and the defence of automatism does not exonerate him as he should have foreseen the risk and taken steps to avoid it.

Source-derived case information.

Citation
[2014] EWHC 4297
Parties
Claimant: Simon Green; Defendant: Peter Haynes
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Personal Injury / Liability Trial; Judgment on Liability Only, Damages to Be Assessed
Outcome
Judgment for the claimant on liability; damages to be assessed.
Legal Topics
Negligence, Automatism Defence, Duty of Care, Road Traffic Accident
Tort Law Personal Injury Negligence Automatism Defence Duty of Care Road Traffic Accident

Source-derived case record

Summary, issues, holding and outcome

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Parties

Simon Green

Claimant

Peter Haynes

Defendant

Procedural Posture

Personal Injury / Liability Trial; Judgment on Liability Only, Damages to Be Assessed

Legal Issues

  1. 1 Whether the defendant was negligent in choosing to drive given his medical condition
  2. 2 Whether the defendant was negligent in the manner of his driving prior to blacking out
  3. 3 Whether the defence of automatism exonerates the defendant from liability

Ratio Decidendi

The defendant was in breach of his duty of care by choosing to drive when he was unwell and by driving too fast and in the wrong lane, and the defence of automatism does not exonerate him as he should have foreseen the risk and taken steps to avoid it.

Court Disposition

Judgment for the claimant on liability; damages to be assessed.

Orders

  • Judgment entered for the claimant on liability
  • Damages to be assessed