Vieira v Fox Plastering and Ors [2018] JRC 219A (18 December 2018)

A split trial is ordered limited to determining who was responsible for the first accident in 2014, including issues of contributory negligence and apportionment of liability among the defendant and third parties. The second accident in 2017 is relevant only to quantum and will be addressed at a later stage.

Citation: [2018] JRC 219A
Parties: Plaintiff: Plaintiff; Defendant: Defendant; Third Party: First Third Party; Third Party: Second Third Party
Jurisdiction: Jersey
Judgment Date: 18 December 2018
Procedural Posture: Personal Injury / Preliminary Hearing on Split Trial
Outcome: Split trial ordered limited to liability for the first accident
Legal Topics: Employer's Liability, Contributory Negligence, Apportionment of Liability, Split Trial Procedure

Tort Personal Injury Employer's Liability Contributory Negligence Apportionment of Liability Split Trial Procedure

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Parties

Plaintiff

Defendant

First Third Party

Third Party

Second Third Party

Third Party

Procedural Posture

Personal Injury / Preliminary Hearing on Split Trial

Legal Issues

1 Whether a split trial should be ordered and its scope
2 Who is responsible for the first accident in 2014
3 Whether the second accident in 2017 is relevant to liability or quantum

Ratio Decidendi

Court Disposition

Split trial ordered limited to liability for the first accident

Orders

Split trial to determine responsibility for the 2014 accident, including contributory negligence and apportionment among defendant and third parties
Issues relating to the second accident and quantum to be determined at a later stage