Bruma v Hassan & Anor

Bruma v Hassan & Anor

The defendant was driving at the maximum permitted speed in hazardous conditions and failed to keep a proper lookout, making him primarily liable. The claimant was contributorily negligent for not using the crossing, misjudging the car's speed, and wearing dark clothing. Liability is apportioned 80% to the defendant...

Source-derived case information.

Parties
Claimant: Mihaela Bruma; Litigation Friend: Ion Bruma; Defendant: Serhan Hassan; Defendant: Esure Services Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2017
Procedural Posture
Personal Injury / Judgment on Liability
Outcome
Liability apportioned: defendant 80%, claimant 20% contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident
Tort Personal Injury Negligence Contributory Negligence Road Traffic Accident

Source-derived case record

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Parties

Mihaela Bruma

Claimant

Ion Bruma

Litigation Friend

Serhan Hassan

Defendant

Esure Services Limited

Defendant

Procedural Posture

Personal Injury / Judgment on Liability

Legal Issues

  1. 1 Was the defendant negligent in causing the accident?
  2. 2 Was the claimant contributorily negligent?
  3. 3 What is the appropriate apportionment of liability?

Ratio Decidendi

The defendant was driving at the maximum permitted speed in hazardous conditions and failed to keep a proper lookout, making him primarily liable. The claimant was contributorily negligent for not using the crossing, misjudging the car's speed, and wearing dark clothing. Liability is apportioned 80% to the defendant and 20% to the claimant.

Court Disposition

Liability apportioned: defendant 80%, claimant 20% contributory negligence.

Orders

  • Await counsel’s further submissions or an agreed order to finalise proceedings in respect of quantum of damages and consequential matters.