Clothilde v Henry (CS 15/2001) [2003] SCSC 21 (19 September 2003)

Clothilde v Henry (CS 15/2001) [2003] SCSC 21 (19 September 2003)

Defendant failed to rebut the presumption of fault under Article 1384(2); evidence supports plaintiff's version that accident occurred while defendant overtook a stationary bus, with no contributory negligence attributable to plaintiff.

Citation
[2003] SCSC 21
Parties
Plaintiff: Clothilde; Defendant: Henry
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 September 2003
Case Number
CS 15/2001
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Road Traffic Accident, Presumption of Fault, Damages Assessment
Source Language
English
Tort Personal Injury Road Traffic Accident Presumption of Fault Damages Assessment

Case Brief

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Parties

Clothilde

Plaintiff

Henry

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Liability for injuries caused by a motor vehicle accident
  2. 2 Application of presumption of fault under Article 1384(2) of the Civil Code
  3. 3 Assessment of damages for personal injuries

Ratio Decidendi

Defendant failed to rebut the presumption of fault under Article 1384(2); evidence supports plaintiff's version that accident occurred while defendant overtook a stationary bus, with no contributory negligence attributable to plaintiff.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff R31,000 in total damages
  • Defendant to pay interest and costs