Jacqueline Colizzi v Adam Coulson & Anor
[2024] EWHC 1956 (KB)
Sandra Zanatta v Metroline Travel Limited
3 March 2023
[2023] EWCA Civ 224
Court of Appeal
A woman was hit by a bus. The judge said the bus driver wasn't at fault because the accident happened too quickly for him to react, and there wasn't enough evidence to prove otherwise. The appeal court agreed.
Key Facts
- •On November 17, 2015, the claimant, a Brazilian national, was struck by a bus driven by the defendant's employee, Mr. Abdulla.
- •The accident occurred at a junction in a residential area with a 30 mph speed limit.
- •The claimant stepped into the road without looking and was hit by the bus.
- •Mr. Abdulla died before the trial, and the claimant had no memory of the event.
- •There was no forensic evidence, functioning telematics, or recoverable CCTV footage from the bus.
- •Expert reconstruction evidence was presented by both sides, with some areas of agreement but significant disagreements on crucial details such as distances and timings.
- •The High Court judge dismissed the claim, finding that the driver had acted reasonably in the circumstances.
Legal Principles
The standard of care owed by a driver is one of reasonable care, not perfection.
Ahanonu v South East London & Kent Bus Co Ltd [2008] EWCA Civ 274
Judges should avoid making unwarrantedly precise findings of fact in cases with limited evidence.
Clayton v Lambert [2009] EWCA Civ 237
An appellate court will only interfere with a trial judge's finding of fact if it is unsupported by the evidence or if no reasonable judge could have reached that decision.
Haringey LBC v Ahmed & Ahmed [2017] EWCA Civ 1861
Drivers should anticipate the actions of pedestrians and cyclists, including those who may not be looking.
Highway Code para 146 and DVSA Guide to Driving Buses and Coaches
Outcomes
The appeal was dismissed.
The Court of Appeal found that the trial judge's findings of fact were reasonable and supported by the evidence. The judge correctly applied the legal test of reasonable care and appropriately avoided making precise findings of fact where the evidence was unreliable or uncertain. The claimant's arguments regarding common ground and the driver's actions were rejected.
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