The claimant appealed against rejection of his claim for personal injuries from a road accident. The respondent driver had crashed into a wall. The claimant had been his front seat passenger. The judge had found the respndent not to be at fault, deciding that there had been black ice on the road. This had been supported by police evidence despite the accident occurring in June.
Held: The appeal failed. The evidence was sufficient to displace the burden originally placed on the driver to show that it was not his negligence was the cause of the accident.
Ward, Moses, Toulson LJJ
[2013] EWCA Civ 320
Bailii
England and Wales
Citing:
Cited – Barkway v South Wales Transport CA 1949
A bus had left the road and crashed as a result of a tyre burst. In stating how the defendant could discharge the onus of proof the Lord Justice said: ‘To displace the presumption [of negligence] the defendants must . . prove (or it must emerge from . .
Cited – Barkway v South Wales Transport HL 1950
The doctrine of res ipsa loquitur should not be used where the judge has presented to him alternate versions of the facts and his job is to decide between them.
Lord Radcliffe said that an event which in the ordinary course of things is more . .
Cited – Richley (Henderson) v Faull 1965
The court considered the burden of proof of negligence after damage was caused by a car skidding onto the wrong side of the road.
McKenna J said: ‘I, of course, agree that where the respondent”s lorry strikes the plaintiff on the pavement or, . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 31 October 2021; Ref: scu.472484
