McPherson v Smith and others

Negligence – Contributory negligence. Primary liability was established against the first defendant for the claimant's extremely serious life-changing injuries sustained in a road traffic accident, as the claimant would have been seen if the first defendant had taken a final look up the road before commencing his turn. However, the Queen's Bench Division held that claimant would recover only one-third of the full value of the claim, as his speed had been grossly excessive and he had stayed on the wrong side of the road for too long.

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