Jarzebski v Jiminez

In *Jarzebski v Jiminez*, the New South Wales Court of Appeal considered an appeal concerning a negligence claim arising from a pedestrian being struck by a taxi. The respondent, who was intoxicated, was walking across a busy city road when the collision occurred. The taxi driver did not see the respondent until immediately before impact.

The central legal issues before the Court of Appeal were whether the taxi driver had been negligent in failing to keep a proper lookout and to be alert to the possibility of pedestrians crossing the road, and whether the respondent had been contributorily negligent. The court was also required to determine the appropriate apportionment of damages, if any.

The Court of Appeal found that the taxi driver had been negligent. It reasoned that a driver on a busy city road should be alert to the possibility of pedestrians crossing, and that the driver had an opportunity to see the respondent had he been exercising due care. However, the court also found that the respondent had been contributorily negligent due to his intoxication and failure to use a pedestrian crossing. The court increased the apportionment of contributory negligence from 45 per cent to 60 per cent, finding that the trial judge had erred in this regard.

Consequently, the appeal against liability was dismissed. The judgment amount was reduced from $770,000 to $560,000 to reflect the increased apportionment of contributory negligence. The defendants were ordered to pay the costs of the trial, while each party was to bear its own costs of the appeal.