Luis v Le Main [2003] JRC 207 (14 November 2003)

Luis v Le Main [2003] JRC 207 (14 November 2003)

The defendant was primarily at fault for emerging onto St Clement's Road when it was unsafe, failing to keep a proper lookout. The plaintiff was guilty of contributory negligence for failing to keep a proper lookout, contributing to the accident to the extent of 25%.

Citation
[2003] JRC 207
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
14 November 2003
Procedural Posture
Road Traffic Accident Liability / Judgment on Liability
Outcome
Defendant liable to plaintiff with 25% reduction for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident Liability
Tort Personal Injury Negligence Contributory Negligence Road Traffic Accident Liability

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Road Traffic Accident Liability / Judgment on Liability

Legal Issues

  1. 1 Was the defendant liable for the collision?
  2. 2 Did the plaintiff contribute to the accident by negligence?

Ratio Decidendi

The defendant was primarily at fault for emerging onto St Clement's Road when it was unsafe, failing to keep a proper lookout. The plaintiff was guilty of contributory negligence for failing to keep a proper lookout, contributing to the accident to the extent of 25%.

Court Disposition

Defendant liable to plaintiff with 25% reduction for contributory negligence.

Orders

  • Defendant found liable for accident.
  • Plaintiff's damages to be reduced by 25% for contributory negligence.