| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 276 (Feb) |
| Neutral Citation: | [2010] EWCA Civ 81 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Ward, Hallett LJJ and Hughes J |
| Representation | Frank Burton QC and Yvett Genn (instructed by Irwin Mitchell) for the claimant. |
| Mark Turner QC (instructed by Berrymans Lace Mawer) for the defendant. | |
| Judgment Dates: | 24 February 2010 |
Catchwords
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.
The Case
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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