Description
Insufficient Evidence to found Contributory Negligence. It was accepted by both parties that the Claimant had been driving a stolen car at 50mph on the wrong side of the road. The Claimant contended that the Defendant should be found contributorily negligent for running across the carriageway when the impact occurred without giving him any opportunity to stop or avoid him. Eady J. held that, on the evidence, it was likely that the Claimant was at least partly on the carriageway when the Defendant struck him. However, no firm conclusion could be ascertained as to what happened immediately prior to the impact, meaning the Court was unable to infer on the balance of probabilities that the Claimant had been negligent.
