McFadden v Moran & Anor [2018] NIQB 69 (30 August 2018)

The plaintiff failed to prove on the balance of probabilities that the defendant was responsible for the accident; evidence suggested plaintiff may have lost lane discipline.

Citation: [2018] NIQB 69
Parties: Plaintiff/respondent: Aine McFadden; Defendant/appellant: Peter Matthew Moran; Defendant/respondent: AXA Insurance Limited
Jurisdiction: Northern Ireland
Judgment Date: 30 August 2018
Procedural Posture: Civil Appeal / Appeal From District Judge's Court
Outcome: appeal allowed, civil bill dismissed
Legal Topics: Negligence, Lane Discipline, Road Traffic Accident

Tort Road Traffic Negligence Lane Discipline Road Traffic Accident

Case Brief

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Parties

Aine McFadden

Plaintiff/respondent

Peter Matthew Moran

Defendant/appellant

AXA Insurance Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From District Judge's Court

Legal Issues

1 Whether the defendant was responsible for the road traffic accident
2 Whether the plaintiff proved negligence to the civil standard

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that the defendant was responsible for the accident; evidence suggested plaintiff may have lost lane discipline.

Court Disposition

appeal allowed, civil bill dismissed

Orders

Civil bill issued by plaintiff dismissed.
If parties cannot resolve costs, court will hear submissions.