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Negligence – Contributory negligence. The claimant, a 14 year old girl, was knocked down by the defendant who was driving a motor vehicle. The claimant sustained serious head injuries and brought a personal injury claim in negligence against the defendant. In a trial to determine primary liability and contributory negligence, the Queen's Bench Division held that the defendant had been primarily negligent in failing to keep a proper lookout and that claimant had been contributory negligent to the extent of 50%.
Negligence – Contributory negligence. The claimant, a 14 year old girl, was knocked down by the defendant who was driving a motor vehicle. The claimant sustained serious head injuries and brought a personal injury claim in negligence against the defendant. In a trial to determine primary liability and contributory negligence, the Queen's Bench Division held that the defendant had been primarily negligent in failing to keep a proper lookout and that claimant had been contributory negligent to the extent of 50%.
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