||All England Reporter
|| All ER (D) 274 (Oct)
||Court of Appeal, Civil Division
Sedley and Scott Baker LJJ
||Steven Ball (instructed by Stephens & Scown, St Austell) for the claimant.
||Susan Rodway QC (instructed by Veitch Penny, Exeter) for the defendant.
||18 October 2002
Negligence - Duty of care - Employer - Breach of duty - Causation - Contributory negligence - Assessment of contributory negligence - Judge finding employer's breach of duty causing employee's accident.
Whilst a judge had been entitled to find that an employer's negligence had caused an accident and injury to an employee, the assessment of the employee's contributory negligence at 10% had been too low and would be substituted by an apportionment of one third.
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