Richardson v Butcher

Richardson v Butcher

The defendant failed to keep a proper lookout after accelerating and changing gear, at a time when her attention should have been on the road ahead. The claimant was visible for at least two seconds before the defendant saw him, and had the defendant reacted 0.75 seconds earlier, the accident would have been...

Source-derived case information.

Parties
Claimant: Cory Richardson (by Maria Allen his mother and Litigation Friend); Defendant: Tracy Butcher
Jurisdiction
England and Wales
Judgment Date
12 February 2010
Procedural Posture
Civil Personal Injury / Trial on Liability
Outcome
Judgment for the claimant; liability established; damages to be assessed.
Legal Topics
Negligence, Road Traffic Accident, Standard of Care, Causation
Tort Law Negligence Road Traffic Accident Standard of Care Causation

Source-derived case record

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Cory Richardson (by Maria Allen his mother and Litigation Friend)

Claimant

Tracy Butcher

Defendant

Procedural Posture

Civil Personal Injury / Trial on Liability

Legal Issues

  1. 1 Whether the defendant's driving fell below the standard expected of a reasonably prudent driver
  2. 2 Whether the defendant's negligence was causative of the claimant’s injuries

Ratio Decidendi

The defendant failed to keep a proper lookout after accelerating and changing gear, at a time when her attention should have been on the road ahead. The claimant was visible for at least two seconds before the defendant saw him, and had the defendant reacted 0.75 seconds earlier, the accident would have been avoided. This failure constituted negligence and was causative of the claimant’s injuries.

Court Disposition

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

Orders

  • Judgment entered for the claimant.
  • Damages to be assessed.