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Charles Bagot's successful defence of highways claim for Aviva (instructed by Greenwoods)
18.02.2010
Charles Bagot acted on behalf of Aviva Insurance in Denise Thring v Owen Mullen Ltd (2009) LTL 9/2/10. This case clarifies the duty of those carrying our roadworks to road users for (i) the state of the road surface; and (ii) the operation of temporary traffic lights. It extends the principle in James v. Preseli District Council [1992] PIQR P114, which dealt with trips on the pavement, by deciding that the Claimant moped rider had to prove that the state of the road caused her accident. The Claimant sought damages of up to £250,000 but her claim was dismissed at trial. The Judge also stated that had the claim not failed entirely, the Claimant's contributory negligence would have been assessed at 60%. This is a useful example of the likely finding in such a case.
Charles Bagot was instructed by Mike Suddards of Greenwoods, Manchester, on behalf of the Defendant's insurers, Aviva.