Bruma v Hassan & Anor [2017] EWHC 3209 (QB) (18 December 2017)

Bruma v Hassan & Anor [2017] EWHC 3209 (QB) (18 December 2017)

The defendant was primarily liable for the accident due to driving at the maximum permitted speed in adverse conditions and failing to keep a proper lookout, which fell below the standard of a reasonably competent driver. The claimant was contributorily negligent to the extent of 20% for crossing away from a pedestrian crossing, misjudging the speed of the defendant's car, and wearing dark clothing.

Citation
[2017] EWHC 3209
Parties
Claimant: Mihaela Bruma (A Protected Party, by her husband and litigation friend Ion Bruma); Defendant: Serhan Hassan; Defendant: Esure Services Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2017
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Liability Only
Outcome
Judgment for the claimant on liability, with a finding of 20% contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Pedestrian Injury
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Pedestrian Injury

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Parties

Mihaela Bruma (A Protected Party, by her husband and litigation friend Ion Bruma)

Claimant

Serhan Hassan

Defendant

Esure Services Limited

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial on Liability Only

Legal Issues

  1. 1 Whether the defendant was negligent in causing the accident
  2. 2 Whether the claimant was contributorily negligent and to what extent

Ratio Decidendi

The defendant was primarily liable for the accident due to driving at the maximum permitted speed in adverse conditions and failing to keep a proper lookout, which fell below the standard of a reasonably competent driver. The claimant was contributorily negligent to the extent of 20% for crossing away from a pedestrian crossing, misjudging the speed of the defendant's car, and wearing dark clothing.

Court Disposition

Judgment for the claimant on liability, with a finding of 20% contributory negligence.

Orders

  • Defendant found 80% liable for the accident; claimant's damages to be reduced by 20% for contributory negligence.
  • Quantum of damages and consequential matters to be determined following further submissions or agreement.