Sienkiewicz v Wall [2018] IEHC 835 (08 November 2018)

Sienkiewicz v Wall [2018] IEHC 835 (08 November 2018)

Plaintiff's negligence in crossing the road at dusk, wearing dark clothing, at a bend without right of way, was the proximate cause of the accident. Defendant was driving within speed limit, with daylight running lights, and responded reasonably to emergency. No negligence or breach of duty established against...

Source-derived case information.

Citation
[2018] IEHC 835
Parties
Plaintiff: Robert Sienkiewicz; Defendant: Noel Wall
Jurisdiction
Ireland
Judgment Date
08 November 2018
Procedural Posture
Personal Injury / Trial Judgment
Outcome
claim dismissed
Legal Topics
Negligence, Contributory Negligence, Pedestrian Safety, Motor Vehicle Liability
Tort Road Traffic Negligence Contributory Negligence Pedestrian Safety Motor Vehicle Liability

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Parties

Robert Sienkiewicz

Plaintiff

Noel Wall

Defendant

Procedural Posture

Personal Injury / Trial Judgment

Legal Issues

  1. 1 Whether the defendant was negligent or breached duty in causing the collision
  2. 2 Whether the plaintiff contributed to the accident through his own negligence

Ratio Decidendi

Plaintiff's negligence in crossing the road at dusk, wearing dark clothing, at a bend without right of way, was the proximate cause of the accident. Defendant was driving within speed limit, with daylight running lights, and responded reasonably to emergency. No negligence or breach of duty established against defendant.

Court Disposition

claim dismissed

Orders

  • Plaintiff's claim against defendant is dismissed.