Jacqueline Colizzi v Adam Coulson & Anor
[2024] EWHC 1956 (KB)
Jacqueline Kirk & Anor v Culina Group Limited & Anor
11 June 2024
[2024] EWHC 1431 (KB)
High Court
A drunk man walked into the path of a lorry at night. The lorry driver didn't see him in time, even though the judge decided he should have. But, the judge also ruled it's unlikely the driver could have stopped even if he'd seen the man sooner because the man was unpredictable and the time to react was too short. So, the lorry driver wasn't found fully responsible for the accident.
Key Facts
- •Neil Jones died after being struck by a lorry driven by Krzysztof Witkos, owned by Culina Group Limited.
- •The collision occurred on the A446 near the Belfry Golf Club.
- •Mr. Jones was intoxicated at the time of the collision (high levels of alcohol, cocaine, and cannabis in his system).
- •CCTV footage shows Mr. Jones's erratic behaviour before the collision.
- •Mr. Witkos stated he did not see Mr. Jones before the impact.
- •The road was unlit at the point of impact.
- •Expert evidence focused on headlight visibility, reaction time, and the possibility of evasive maneuvers.
Legal Principles
Drivers of motor vehicles owe a high duty of care due to the inherent danger of the vehicle.
Lunt v Khelifa [2002] EWCA Civ 801
Expert evidence should be assessed in the context of all evidence and not elevated to a formula.
Stewart v Glaze [2009] EWHC 704
The standard of care is that of a reasonably prudent and competent motorist, not an ideal driver.
Walker v Culina Logistics Ltd (Unreported)
Unwarrantedly precise findings of fact should be avoided, especially when uncertainties exist.
Lambert v Clayton [2019] EWCA Civ 237
Drivers must not use lights in a way that dazzles or causes discomfort to other road users.
Highway Code Rule 114
Outcomes
The claim against Culina Group Limited and Krzysztof Witkos was dismissed.
While Mr. Witkos breached his duty of care by failing to keep a proper lookout, the claimants did not prove on the balance of probabilities that he would have had sufficient time to avoid the collision even if he had seen Mr. Jones earlier. The court considered various factors including the limited visibility, Mr. Witkos's reaction time, and the intoxicated and unpredictable behavior of the deceased.