Morel v Simeon (CS 57/2012) [2018] SCSC 8071 (11 February 2018)

Morel v Simeon (CS 57/2012) [2018] SCSC 8071 (11 February 2018)

The Defendant was liable for the collision as he was in the path of the Plaintiff's motorbike and failed to rebut the presumption of strict liability under Article 1383(2) of the Civil Code. There was insufficient evidence to prove the Plaintiff's contributory negligence or that the Defendant was overtaking another...

Source-derived case information.

Citation
[2018] SCSC 8071
Parties
Plaintiff: Erryl Morel; Defendant: Romeo Simeon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 February 2018
Case Number
CS 57/2012
Procedural Posture
Civil / Judgment
Outcome
Plaintiff awarded damages
Legal Topics
Road Traffic Accident, Strict Liability, Damages, Contributory Negligence
Source Language
english
Tort Law Personal Injury Road Traffic Accident Strict Liability Damages Contributory Negligence

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Parties

Erryl Morel

Plaintiff

Romeo Simeon

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Liability for road traffic accident under Article 1383(2) of the Civil Code
  2. 2 Quantum of damages for personal injury and moral damage

Ratio Decidendi

The Defendant was liable for the collision as he was in the path of the Plaintiff's motorbike and failed to rebut the presumption of strict liability under Article 1383(2) of the Civil Code. There was insufficient evidence to prove the Plaintiff's contributory negligence or that the Defendant was overtaking another vehicle. The Plaintiff is entitled to damages for personal injury, moral damage, and the cost of the medical report.

Court Disposition

Plaintiff awarded damages

Orders

  • Plaintiff awarded SR250,350 together with interests and costs.