Motorist’s duty to pedestrians

Goundry (a child) (proceeding by her father and litigation friend) v Hepworth CA SJ 9 December

A group of adult and child pedestrians, including the claimant who was four years old at the time, had crossed to the middle of the road and waited for two cars both approaching from the left to pass. The first car passed. However, as the second car, driven by the defendant at a speed of 25 miles per hour, drew level the claimant ran into the road and was hit by the defendant’s car. The trial judge was wrong to have held that the defendant should have slowed right down or stopped to let the group cross the road and that because she had failed to do either she was liable in negligence. In allowing the defendant’s appeal the court said that in normal circumstances it was inappropriate to interfere with the judges findings of fact. However, his proposition was incorrect. The car in front of the defendant had passed by and did not stop; if the defendant ought to have stopped then arguably so should the other motorist. On the evidence, as the defendant approached it was an orderly group apparently waiting for her to pass and, while many motorists might have stopped, many more, driving with care, would not have stopped.