Woodham v JM Turner [2011] EWHC 1588 (QB)

The Claimant (C) was riding his moped along a main road, proceeding on the outside of a line of stationary/slow moving traffic, when the Defendant school minibus pulled out into the main road, colliding with C. C sustained severe injuries leaving him in a wheelchair. Damages were claimed in excess of £2million.

Whilst it is difficult to see how C could be found liable at all in these circumstances, at first instance the Judge found the bus to be 70% liable and C 30% on the basis that the bus had pulled out without a clear view of the road due to the presence of a tractor at the junction.

The Defendant appealed.

On appeal, the Defendant argued that C knew the road well and should have slowed down on approaching the junction so that he had sufficient time to stop.

The Court of Appeal agreed and overturned the first decision finding each party 50% liable.