i-law

Litigation Letter

Negligent pedestrian

Eagle v Chambers EA TLR 1 September

The claimant, being emotionally upset, had for some time been walking unsteadily along the central area of the southbound carriageway of Marine Parade, Great Yarmouth, on a fine summer’s evening. A number of drivers had seen her, some trying unsuccessfully to persuade her to walk on the pavement, and had passed her safely. The defendant, who admitted that he had had enough alcohol to impair his driving ability, struck the claimant causing her terrible injuries. The trial judge attributed 90% contributory negligence to the claimant.

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