GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v BRUCE [1992] NSWCA 79

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v BRUCE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY JJA and Hope AJA 27 February 1992, 27 February 1992 [1992] NSWCA 79

NEGLIGENCE — NO QUESTION OF PRINCIPLE NEGLIGENCE — running down case — pedestrian injured in pedestrian crossing after traffic lights had changed in favour of vehicular traffic — trial Judge's findings of negligence against driver and no negligence against pedestrian. On appeal held: Trial Judge's findings affirmed and appeal dismissed. No question of principle.

ORDER Appeal dismissed with costs.

Clarke JA I will ask Handley JA to give the first judgment.

Handley JA This is an appeal from a judgment entered for the plaintiff in a running down case by Bruce AJ. The accident occurred in Pittwater Road, Warriewood on 14 October 1986 at about five o'clock. The plaintiff was crossing Pittwater Road from south to north in a marked pedestrian crossing when she collided with a car insured by the defendant and was injured.

His Honour found that the insured driver had been guilty of negligence, that the plaintiff was not guilty of contributory negligence, and he assessed damages at $43,790.

The defendant's appeal to this Court has been limited to issues of liability and challenged the findings of negligence against the driver and the absence of contributory negligence on the part of the pedestrian.

The plaintiff had alighted from a bus on the southern side of Pittwater Road about thirty feet or so west of the T intersection with Jackson Street. She had crossed to the concrete median strip and then walked some fifteen feet south along the median strip to a pedestrian refuge at the intersection of Jackson Street. She says that when she reached the refuge the traffic lights were green, indicating "Walk" for pedestrians in the crossing and she began to cross from the median strip to the northern kerb.