ARMSTRONG v STEVIC

In the matter of *Armstrong v Stevic*, heard before Judge Mercuri, the dispute concerned a claim for damages arising from a motor vehicle accident. The plaintiff, Mr. Armstrong, alleged that the defendant, Mr. Stevic, was negligent in the operation of his vehicle, which resulted in the collision and subsequent injuries sustained by Mr. Armstrong. Mr. Stevic denied liability, asserting that Mr. Armstrong was contributorily negligent.

The central legal issue before the court was to determine whether Mr. Stevic had breached his duty of care to Mr. Armstrong and, if so, to what extent. The court was required to assess the evidence presented by both parties to establish the cause of the accident and to apportion blame, considering the allegations of contributory negligence.

Judge Mercuri found that Mr. Stevic had failed to exercise reasonable care in the circumstances, specifically in relation to his speed and attention at the time of the collision. The court applied the principles of negligence, requiring proof of a duty of care, breach of that duty, and causation of damage. While finding Mr. Stevic liable, the court also determined that Mr. Armstrong had contributed to the accident through his own actions, leading to an apportionment of liability. The court ordered that Mr. Stevic pay damages to Mr. Armstrong, reduced by the proportion of contributory negligence attributed to Mr. Armstrong.