||All England Reporter
|| All ER (D) 276 (Feb)
|| EWCA Civ 81
||Court of Appeal, Civil Division
Ward, Hallett LJJ and Hughes J
||Frank Burton QC and Yvett Genn (instructed by Irwin Mitchell) for the claimant.
||Mark Turner QC (instructed by Berrymans Lace Mawer) for the defendant.
||24 February 2010
Negligence - Contributory negligence - Causation - Collision between vehicles on road - Claimant sustaining serious brain damage as result of negligent driving by defendant - Claimant not wearing seat belt - Experts in agreement that wearing of seat belt reducing severity of head injury - No medical evidence adduced - Judge holding claimant not contributorily negligent - Whether judge correct in finding no contributory negligence.
Negligence Contributory negligence. The Court of Appeal, Civil Division, held that the judge was correct in her assessment of the evidence in a car collision case where the main issue emerging at the trial for damages was the issue of contributory negligence. In the absence of expert medical evidence, a joint expert's report, although helpful, was not binding on a judge and her conclusion that the claimant had not been contributorily negligent for not wearing a seat belt was lawful.
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