Isherwood v Flavin

Isherwood v Flavin concerned a road accident where the plaintiff, while making a right-hand turn into another street, was struck by the defendant's vehicle travelling in the opposite direction. The case came before the New South Wales Court of Appeal.

The primary legal issues before the court were whether the defendant had been negligent in the operation of their vehicle, and conversely, whether the plaintiff had been guilty of contributory negligence. The court was also required to determine the appropriate apportionment of liability between the parties, should both be found to have contributed to the accident.

The majority of the court found that both parties bore some responsibility for the collision. The reasoning focused on the duties of care owed by drivers on the road, particularly in relation to turning manoeuvres and the obligation to maintain a proper lookout. The court applied principles of negligence and contributory negligence, assessing the conduct of each driver in the circumstances of the accident.

By majority, the court made orders reflecting the apportionment of liability as proposed by Fitzgerald JA, the details of which are set out in paragraphs 51-53 of the judgment.