McCann v Bateman and Ors [2005] JRC 027A (10 March 2005)

McCann v Bateman and Ors [2005] JRC 027A (10 March 2005)

Judgment for the Plaintiff on negligence against the First and Second Defendants by admission. Against the Third Defendant (Miss Critchlow), the Plaintiff's claim fails as the Court preferred the Defendant's evidence that no impact or only trivial contact occurred, and no negligence was established. Against the Fourth Defendant (Mr. De Jesus), the Court found negligence on the Defendant's part and rejected the allegation of contributory negligence by the Plaintiff due to lack of evidence.

Citation
[2005] JRC 027A
Parties
Plaintiff: Mr. Edmond McCann; Third Defendant: Miss Critchlow; Fourth Defendant: Mr. De Jesus; First Defendant: First Defendant; Second Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
10 March 2005
Procedural Posture
Civil / Judgment on Liability (negligence) Only; Causation and Damages Reserved for Later Trial
Outcome
Judgment for Plaintiff against First, Second, and Fourth Defendants on negligence; claim against Third Defendant dismissed; issues of causation and damages reserved.
Legal Topics
Negligence, Road Traffic Accidents, Breach of Duty of Care, Contributory Negligence
Tort Law Negligence Road Traffic Accidents Breach of Duty of Care Contributory Negligence

Case Brief

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Parties

Mr. Edmond McCann

Plaintiff

Miss Critchlow

Third Defendant

Mr. De Jesus

Fourth Defendant

First Defendant

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Civil / Judgment on Liability (negligence) Only; Causation and Damages Reserved for Later Trial

Legal Issues

  1. 1 Whether the Defendants were negligent in causing the motor vehicle accidents involving the Plaintiff
  2. 2 Whether the Plaintiff was contributorily negligent in the accident involving the Fourth Defendant

Ratio Decidendi

Judgment for the Plaintiff on negligence against the First and Second Defendants by admission. Against the Third Defendant (Miss Critchlow), the Plaintiff's claim fails as the Court preferred the Defendant's evidence that no impact or only trivial contact occurred, and no negligence was established. Against the Fourth Defendant (Mr. De Jesus), the Court found negligence on the Defendant's part and rejected the allegation of contributory negligence by the Plaintiff due to lack of evidence.

Court Disposition

Judgment for Plaintiff against First, Second, and Fourth Defendants on negligence; claim against Third Defendant dismissed; issues of causation and damages reserved.

Orders

  • Judgment for Plaintiff on negligence against First Defendant
  • Judgment for Plaintiff on negligence against Second Defendant