Morley -v- Reed [2012] JRC 127A (28 June 2012)

Morley -v- Reed [2012] JRC 127A (28 June 2012)

Defendant failed to ensure the road was clear before turning, did not look properly, and was primarily responsible for the accident. Plaintiff contributed by travelling too fast, failing to switch on lights, and not paying attention, thus apportioning blameworthiness at 60% to defendant and 40% to plaintiff.

Citation
[2012] JRC 127A
Parties
Plaintiff: Plaintiff; Defendant: Defendant; Second Defendant: Motor Insurers' Bureau
Jurisdiction
Jersey
Judgment Date
28 June 2012
Procedural Posture
Personal Injuries Claim / Liability Determination; Quantum Left Over
Outcome
Liability apportioned: defendant 60%, plaintiff 40%.
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Standard of Care, Apportionment of Liability
Tort Personal Injury Road Traffic Negligence Contributory Negligence Duty of Care Standard of Care Apportionment of Liability

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Motor Insurers' Bureau

Second Defendant

Procedural Posture

Personal Injuries Claim / Liability Determination; Quantum Left Over

Legal Issues

  1. 1 Was the defendant liable for the accident?
  2. 2 Did the plaintiff contribute to the injuries by his own negligence?
  3. 3 What is the apportionment of blameworthiness between the parties?

Ratio Decidendi

Defendant failed to ensure the road was clear before turning, did not look properly, and was primarily responsible for the accident. Plaintiff contributed by travelling too fast, failing to switch on lights, and not paying attention, thus apportioning blameworthiness at 60% to defendant and 40% to plaintiff.

Court Disposition

Liability apportioned: defendant 60%, plaintiff 40%.

Orders

  • Defendant found primarily responsible for accident.
  • Plaintiff found contributorily negligent to extent of 40%.