Louise Jane Palmer v Russell Timms & Ors
[2024] EWHC 2292 (KB)
RTP v Hardcrete Limited
10 May 2024
[2024] EWHC 1123 (KB)
High Court
An elderly man was hit by a cement mixer at a roundabout. The judge said the driver should have seen him much sooner and stopped. The man was also partly to blame for not looking properly before crossing the road, so he only got 60% of his damages.
Key Facts
- •On 25 November 2020, an 84-year-old claimant (RTP) was struck by a cement mixer owned by Hardcrete Limited at the Sunbury Cross roundabout.
- •The claimant was crossing a slip road when he was hit by the mixer driven by Mr. Nicolae Pintilie.
- •The claimant suffered a serious head injury and lacks litigation capacity.
- •Liability was tried as a preliminary issue.
- •The accident occurred on an entry slip road to the London-bound carriageway of the M3 motorway.
- •The claimant was crossing at a frequently used, but undesignated, pedestrian crossing point.
- •The defendant argued contributory negligence on the part of the claimant.
Legal Principles
Contributory Negligence
Law Reform (Contributory Negligence) Act 1945, Section 1(1)
Standard of Care for Drivers
Case law precedents (Jackson v Murray, Lunt v Khalifa, Eagle v Chambers, Sabir v Oswei-Kwabena)
Perception Reaction Time (PRT)
Driver Responses in Emergency Situations by Dr J Muttart, 2020
Outcomes
Primary liability found in favour of the Claimant.
The driver (Mr. Pintilie) failed to keep a proper lookout and react to the claimant's presence in time to avoid the collision. He should have seen the claimant much earlier than he did.
Contributory negligence found against the Claimant at 40%.
The claimant failed to look to his right and observe the approaching mixer before stepping into the road. However, the judge considered the driver's negligence was more significant due to the greater destructive capability of the vehicle.