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 negligent in driving at or near the maximum speed limit in wet and dark conditions near a major station, failing to keep a proper lookout, and not reducing speed for the hazard-rich environment. The claimant was contributorily negligent by crossing away from the pedestrian crossing, misjudging the speed of the defendant's car, and wearing dark clothing. Liability is apportioned 80% to the defendant and 20% to the claimant.

Citation
[2017] EWHC 3209 (QB)
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 primary liability, with a finding of 20% contributory negligence against the claimant.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Pedestrian Injury
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Pedestrian Injury

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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 negligent in driving at or near the maximum speed limit in wet and dark conditions near a major station, failing to keep a proper lookout, and not reducing speed for the hazard-rich environment. The claimant was contributorily negligent by crossing away from the pedestrian crossing, misjudging the speed of the defendant's car, and wearing dark clothing. Liability is apportioned 80% to the defendant and 20% to the claimant.

Court Disposition

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

Orders

  • Liability apportioned: defendant 80%, claimant 20%.
  • Quantum of damages and consequential matters to be determined or agreed.