LISICA v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1993] NSWCA 163

LISICA vy GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, SHELLER and Cripps JJA 6 July 1993, 6 July 1993

[1993] NSWCA 163

NEGLIGENCE — motor vehicles — pedestrian crosses busy highway against pedestrian light — beckoned in front of two stationary vehicles — hit by vehicle in kerbside lane proceeding in clear turning lane — whether vehicle travelling too fast — whether driver failed to keep proper lookout — pedestrian runs across road — held: (affirming decision of Glissan A DCJ dismissing pedestrian's claim): No error shown — no negligence which caused the pedestrian's injury. Appeal dismissed.

Cheetham and Anor v Bou (1989) 10 MVR 242 (CA) Caldwell v Deka, Court of Appeal (NSW) unreported 11 June 1993

Kirby P I shall ask Cripps JA to give the first judgment.

Cripps JA This is an appeal from a decision of Associate Judge Glissan published on 27 July 1990 dismissing the appellant's claim for damages for personal injury arising out of an accident on the Pacific Highway at Crows Nest.

The circumstances giving rise to the claim were that on 5 June 1985 the appellant was struck by the respondent's car at a time when he was attempting to cross the Pacific Highway at Crows Nest at the intersection of the Pacific Highway and Hume Street. At that point the Pacific Highway travels north/south. The appellant was originally on the western side of the highway and, in order to arrive at his destination, he was required to cross three northbound lanes and three southbound lanes. The accident occurred at about 8.30 in the morning during peak hour traffic. Immediately before the accident the appellant had crossed the three northbound lanes of the Pacific Highway. He was on the median strip. The lights were green for traffic travelling north and south on the Pacific Highway and red for traffic travelling east/west in Hume Street and red for the plaintiff/appellant.