Hotton (Stephen) Ltd. v Krichefski [1976] JJ 345 (11 March 1976)

The court held that the defendant was not negligent as he had taken reasonable steps to ensure fitness to drive, and the accident was caused by sudden death, which was an act of God.

Citation: [1976] JJ 345
Parties: Plaintiff: Hotton (Stephen) Ltd.; Defendant: Krichefski
Jurisdiction: Jersey
Judgment Date: 11 March 1976
Procedural Posture: Civil / Judgment
Outcome: claim dismissed
Legal Topics: Negligence, Ill Health of Driver, Act of God

Tort Road Traffic Negligence Ill Health of Driver Act of God

Case Brief

Summary, issues, holding and outcome

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Parties

Hotton (Stephen) Ltd.

Plaintiff

Krichefski

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a driver who suffered a heart attack 2½ years previously was negligent in driving and causing an accident due to sudden death
2 Whether sudden death of a driver constitutes an act of God absolving negligence

Ratio Decidendi

The court held that the defendant was not negligent as he had taken reasonable steps to ensure fitness to drive, and the accident was caused by sudden death, which was an act of God.

Court Disposition

claim dismissed