GEORGE v FITZGERALD [1992] NSWCA 74

GEORGE v FITZGERALD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, HANDLEY JJA and Hope AJA 21 February 1992, 21 February 1992

[1992] NSWCA 74

NEGLIGENCE — CONTRIBUTORY NEGLIGENCE Negligence — contributory negligence — vehicles stationary at traffic lights — pedestrian crossing road some distance from lights between stationary vehicles injured when stepping into kerbside lane — appeal as to findings of negligence and no contributory negligence — no question of principle — appeal dismissed.

ORDERS

Appeal dismissed with costs.

Hope AJA This is an appeal from the decision of Herron DCJ in proceedings in which his Honour gave judgment for the plaintiff in respect of an accident in which she was involved when she was knocked down in Parramatta Road by a panel van driven by the defendant. His Honour awarded the plaintiff the sum of $75,000. The defendant appealed in respect of both liability and damages, but the appeal has been abandoned as to damages and is restricted to liability, including both negligence and contributory negligence.

His Honour found that the defendant had been negligent. He made no express finding about contributory negligence although it had been pleaded in the grounds of defence, and there was cross-examination bearing on that question.

The accident took place around 5 o'clock on the afternoon of 8 December 1983. The plaintiff, who was then twenty one years of age, was standing on the northern kerb of Parramatta Road east of its intersection with a road which on one side is Percival Street and on the other side is Young Street. There were traffic lights regulating the passage of traffic at the intersection and at this time they were showing red against traffic in Parramatta Road. The result was that traffic in Parramatta Road was stopped at the lights whilst traffic was proceeding across that road along Percival Street.