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Belka v, Prosperini [2011] EWCA Civ 623, 26 May 2011

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Court Of Appeal Upheld Judge's Finding That A Pedestrian Stepping Into Path Of Oncoming Vehicle Was Two-Thirds Responsible For Accident

The Court of Appeal dismissed the Claimant's appeal against a decision that he should bear two-thirds of the responsibility for a road traffic accident. The judge found that the Claimant pedestrian had, upon entering the carriageway, deliberately run the risk of trying to cross in front of the Defendant's vehicle (which had right of way). Whilst the fault of the Defendant had been not to ease off his speed, the Court of Appeal took the view that the Claimant's actions were more blameworthy and thus found that the Judge had not erred in his apportionment of liability based upon his findings.

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