d'Aguiar v de Goes [1968] JJ 899 (31 May 1968)

d'Aguiar v de Goes [1968] JJ 899 (31 May 1968)

It is reasonable to infer that the accident was caused by the defendant's lack of care when driving with the deceased as a passenger, the vehicle left the road after failing to negotiate a dangerous bend due to excessive speed, and the defendant provides no reasonable explanation.

Citation
[1968] JJ 899
Parties
Plaintiff: d'Aguiar; Defendant: de Goes
Jurisdiction
Jersey
Judgment Date
31 May 1968
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Negligence, Res Ipsa Loquitur, Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

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Parties

d'Aguiar

Plaintiff

de Goes

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the accident was caused by the defendant's lack of care
  2. 2 Whether res ipsa loquitur applies in the circumstances

Ratio Decidendi

It is reasonable to infer that the accident was caused by the defendant's lack of care when driving with the deceased as a passenger, the vehicle left the road after failing to negotiate a dangerous bend due to excessive speed, and the defendant provides no reasonable explanation.

Court Disposition

judgment for the plaintiff