Law Report: Lorry driver liable for accident: Wright v Lodge and another; Kerek v same - Court of Appeal (Lord Justice Parker, Lord Justice Woolf and Lord Justice Staughton), 27 July 1992
The Court of Appeal dismissed an appeal by the first defendant, Mr Lodge (the driver of the lorry), against the dismissal by Mr Justice Hobhouse of his claims for a contribution from the second defendant, Miss Shepherd (the driver of the stationary car) to damages which Mr Lodge admitted he was liable to pay to the plaintiffs, Mr Wright, a driver in the opposite carriageway who was injured in a collision with the lorry, and the personal representatives of Mr Kerek, who was killed.
The judge did, however, rule that Miss Shepherd should contribute 10 per cent towards the claim by her passenger, Miss Duncan, in respect of which Mr Lodge also admitted liability. Mr Lodge argued that these conclusions were inconsistent.
Ronald J Walker QC (Hewitson Beck & Shaw, Cambridge) for Mr Lodge; Michael Douglas (Brachers, Maidstone) for Miss Shepherd.
LORD JUSTICE PARKER said that the judge, approaching the matter as if he were a jury and taking a commonsense view, was clearly entitled to conclude that, while there was a connection between the presence of Miss Shepherd's car on the eastbound carriageway and the fact that it was struck from behind, the presence of the lorry in the westbound carriageway was wholly attributable to Mr Lodge's reckless driving.
It was the violence of the swerve and braking which sent his lorry out of control and it was his reckless speed which resulted in the swerve, loss of control, headlong career on to and overturn on the westbound carriageway. It was true that the lorry would not have been there had Miss Shepherd's car not obstructed the nearside eastbound lane. But it was clear from the authorities, including Rouse v Squires (1973) QB 889, that this was not enough. It did not thereby necessarily become a legally operative cause.
Lord Justice Woolf and Lord Justice Staughton concurred.
- 1 Autistic teenager beaten up by bullies makes them watch 20-minute video about autism
- 3 World learns of app that shows you who unfriended you on Facebook, app promptly crashes
- 4 Chris Moyles reportedly set to make radio comeback with new breakfast show on XFM
- 5 The Greece debt crisis explained in less than 100 words
Florida man sentenced to two-and-a-half years for having sex on the beach in front of a child
Autistic teenager beaten up by bullies makes them watch 20-minute video about autism
Man who was struck and killed by lightning in Brecon Beacons 'was carrying a selfie stick'
Greece debt crisis as it happened: EU chiefs at loggerheads hours before Alexis Tsipras’s last ditch deal proposals
Florida teacher sentenced to 22 years in prison for sexually abusing three pupils
More Britons believe that multiculturalism makes the country worse - not better, says poll
Osborne to cap family benefits at £23,000 – announced ahead of his post-election Budget
Nathan Collier: Montana man inspired by same-sex marriage ruling requests right to wed two wives
Forget little green men – aliens will look like humans, says Cambridge University evolution expert
Girl, 7, stares down hate preacher at Ohio festival with pro-LGBT rainbow flag gesture
Sickness and disability benefits could be reduced by £30 a week as part of £12bn welfare cuts
£23000 - £27000 per annum: Recruitment Genius: A Business Analyst is required ...
£16000 - £23000 per annum: Recruitment Genius: To succeed, you will need to ha...
£8 per hour: Recruitment Genius: This is an opportunity to join an award winni...
£7 - £9 per hour: Recruitment Genius: Are you outgoing? Do you want to work in...