Source: All England Reporter
Publisher Citation: [2002] All ER (D) 285 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Clarke and Jonathan Parker LJJ

Representation Kathleen Anderson (instructed by Kieran Clarke, Chesterfield) for the claimants.
  Jonathan Woods (instructed by Jacobs) for the defendant.
Judgment Dates: 21 October 2002

Catchwords

Negligence - Duty of care - Motorist - Duty to drive with reasonable care and skill - Traffic lights - Pedestrian - Contributory negligence - Apportionment of liability - Motorist injuring pedestrians crossing road at traffic lights.

The Case

Where a motorist's view of a pedestrian crossing at traffic lights had been obscured by a juggernaut in the near side lane, the fact that the lights were green had not absolved him from using reasonable care in proceeding. However, pedestrians using the crossing had failed to look adequately before passing the juggernaut and had been 80% contributorily negligent for the resulting accident.

Practice Areas

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