Litigation Personal Injury 20/1/98

Scargill v Newell & ors CA 5 December 1997

Appeal contentions: First and second defendants' appeal from order of Mr Justice Smith, QBD, 3 March 1997, giving judgment for plaintiff against the defendant with damages to be assessed. Plaintiff's claim against third defendant in contribution proceedings against the first and second defendant with damages to be assessed, First and second defendants contribution proceedings against defendant third dismissed.

Incident: Accident involved a collision between a Daf rigid goods vehicle owned by third defendant and driven by the defendants' agent, Christopher Talbot, and a heavy goods vehicle owned by the second defendant and driven by the first defendant in the course of employment with second defendant. As a result of the collision third defendant's Daf crossed the road and went into the path of the plaintiff's vehicle. A collision occurred between the Daf and the plaintiff's vehicle. Talbot was killed and the plaintiff was seriously injured. The judge found that the accident was caused by second defendant moving without warning from the near side to the middle lane. The plaintiff took no part in the trial, it being conceded that he must succeed against all three defendants. Appellants contend that proper analysis of the factual evidence shows that the case put forward by first and second defendant was, on balance, correct and that firm factual evidence did not support third defendant's case