Dursan v J Sainsbury plc

Practice – Personal injuries action. The widow of the deceased D, brought an action against the defendant on behalf of his estate and dependants for damages arising out of a fatal road traffic accident. The accident occurred in December 2011 on one of the north bound carriageways in London. As the deceased was crossing the road from west to east, an LGV, being driven by PL in the course of his employment with the defendant, collided with him The matter had to be resolved by expert evidence. The Queen's Bench Division held that given the circumstances which pertained that evening, the failure of D to take any precautions for his own safety had resulted in him being the author of the tragic incident.

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