Mohammad v Walsh [2016] IEHC 409 (08 July 2016)
The plaintiff crossed the junction against a red pedestrian light without keeping a proper lookout and collided with the defendant's vehicle, which had the right of way. There was no causative negligence on the part of the defendant. The plaintiff failed to discharge the onus of proof on the issue of the defendant’s liability.
- Citation
- [2016] IEHC 409
- Parties
- Plaintiff: Asif Mohammad; Defendant: Deirdre Walsh
- Jurisdiction
- Ireland
- Judgment Date
- 08 July 2016
- Procedural Posture
- Personal Injury Action (road Traffic Accident) / High Court Judgment After Full Trial
- Outcome
- Plaintiff's claim dismissed
- Legal Topics
- Negligence, Causation, Duty of Care, Traffic Signals, Pedestrian Accidents
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Asif Mohammad
Plaintiff
Deirdre Walsh
Defendant
Procedural Posture
Personal Injury Action (road Traffic Accident) / High Court Judgment After Full Trial
Legal Issues
- 1 Whether the defendant was liable in negligence for the plaintiff's injuries arising from a road traffic accident at a controlled junction
- 2 Whether the plaintiff was guilty of contributory or sole negligence by crossing against a red pedestrian light
Ratio Decidendi
The plaintiff crossed the junction against a red pedestrian light without keeping a proper lookout and collided with the defendant's vehicle, which had the right of way. There was no causative negligence on the part of the defendant. The plaintiff failed to discharge the onus of proof on the issue of the defendant’s liability.
Court Disposition
Plaintiff's claim dismissed
Orders
- Order dismissing the plaintiff’s claim
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment