Johns v Cosgrove

In the case of Johns v Cosgrove, the plaintiff, Dallas Midgley Johns, sued Jennifer Margaret Cosgrove, the driver who struck him, Chevron Queensland Ltd, the hotel that served him alcohol, and others for injuries sustained in a motor vehicle accident. Johns was heavily intoxicated when he entered the roadway and was struck by Cosgrove's vehicle. The court had to decide whether Cosgrove and the hotel were negligent in failing to avoid the accident and in serving alcohol to Johns, respectively. The court found both parties negligent, with Cosgrove failing to take adequate precautions and the hotel continuing to serve alcohol despite knowing Johns was heavily intoxicated. The court apportioned liability, with Johns receiving 45% of the fault, Cosgrove 30%, and the hotel 25%. The court awarded Johns damages for his injuries, reduced by his contributory negligence, resulting in a total award of $277,560. The court also ordered a protection order for Johns to safeguard his interests.