Green v Haynes

Green v Haynes

The defendant should have appreciated the risk of his condition worsening and that his judgment and ability to drive was likely to be impaired; he was in breach of his duty to other road users by driving when unwell and by driving too fast and in the wrong lane, which caused the accident.

Parties
Claimant: Simon Green; Defendant: Peter Haynes
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Civil / Judgment on Liability
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

Case Brief

Summary, issues, holding and outcome

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Parties

Simon Green

Claimant

Peter Haynes

Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

  1. 1 Whether the defendant was negligent in driving given his medical condition
  2. 2 Whether the defence of automatism exonerates the defendant from liability
  3. 3 Whether the defendant's manner of driving contributed to the accident

Ratio Decidendi

The defendant should have appreciated the risk of his condition worsening and that his judgment and ability to drive was likely to be impaired; he was in breach of his duty to other road users by driving when unwell and by driving too fast and in the wrong lane, which caused the accident.

Court Disposition

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

Orders

  • Judgment entered for the claimant
  • Damages to be assessed