A motorist had been in breach of his duty of care in failing to keep a proper lookout and reversing into the claimant’s car, and his breach had caused the claimant’s injuries. The amount of damages was reduced by 60% for the claimant’s contributory negligence, as his injuries had been sustained by trying to stop his car from rolling down a slope with his children still in the car, and it would not have done so if he had put it in “park” mode, or applied the foot brake, or switched off the ignition.
The claimant claimed damages for personal injury and consequential loss arising from an accident involving the defendant.
The claimant and the defendant had both been manoeuvring in the crowded car park at a club when the rear of the claimant’s car collided with the rear of the defendant’s car. The claimant got out of the car to inspect the damage. The defendant moved his car away and the claimant’s car rolled backwards down a slope towards the entrance to a service area. Fearing for the safety of his children who were in the car, the claimant attempted to hold the car back, but he was overwhelmed, and the car crushed his left leg against a metal gate post. His injuries were so serious that his leg had to be amputated. The claimant maintained that his injuries were the result of the defendant’s negligence. The court was required to determine preliminary issues of breach of duty and causation.
HELD
Jacob Levy QC, instructed by Russell Cooke LLP acted for the claimant.
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