BELTRAN v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1998] NSWCA 35

BELTRAN v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER, HANDLEY JJA and SHEPPARD AJA 3 March 1998, 3 March 1998

[1998] NSWCA 35 NEGLIGENCE — running down case — no question of principle

The appellant, a pedestrian, was struck by the respondent's insured vehicle while attempting to cross a busy four lane road away from any pedestrian crossing during the afternoon peak hour rush. He failed at first instance. On appeal:

HELD: The appellant had failed to establish error.

Handley JA This is an appeal by the plaintiff from a judgment for the defendant entered by Mr Justice McInerney in a running down case. The accident occurred at about 5.25pm on 23 April 1987 in Pyrmont Bridge Road at the intersection with Booth and Bennett Streets, near the former site of the Children's Hospital.

The plaintiff had left the hospital, having visited a patient there, and had walked to the intersection. He crossed to a traffic island in the middle of Booth Street and then attempted to cross Pyrmont Bridge Road. There was no marked pedestrian crossing at that point, although the intersection was controlled by traffic lights. There was a marked pedestrian crossing on the western or far side of the intersection.

The plaintiff was attempting to cross at the city side of the intersection. He reached the centre of the road where a car was stopped in the third and turning lane waiting to make a right-hand turn into Booth Street. He stopped in front of that car and then began to cross the traffic lanes carrying traffic from the city towards Parramatta Road. The defendant's insured car was approaching the intersection from the direction of the city and the Judge found that the traffic lights at the intersection were then green, in favour of the defendant's insured. This finding was not and could not be challenged.