Johnston v Stock

In *Johnston v Stock*, the New South Wales Court of Appeal considered a negligence claim arising from a road accident. The plaintiff, a pedestrian, had been waiting to cross a road and was apparently watching the defendant's approaching vehicle. However, the plaintiff then walked into the side of the defendant's vehicle. The plaintiff was significantly intoxicated at the time of the incident.

The Court of Appeal was required to determine whether the defendant driver owed a duty of care to the plaintiff pedestrian and, if so, what the standard of care was in the circumstances. The Court also had to consider the significance of the plaintiff's intoxication on the assessment of liability.

The Court of Appeal found that the defendant driver did owe a duty of care to the plaintiff. However, it held that the plaintiff's conduct in walking into the side of the vehicle, particularly given their significant intoxication, constituted a failure to take reasonable care for their own safety. The Court reasoned that while drivers must be vigilant, pedestrians also bear a responsibility to exercise due care, and the plaintiff's actions fell below the standard expected of a reasonable pedestrian. The intoxication of the plaintiff was a significant factor in this assessment.

Consequently, the Court of Appeal allowed the defendant's appeal, set aside the District Court's judgment, and entered judgment for the defendant. The plaintiff was ordered to pay the defendant's costs in the District Court, and the respondent (the plaintiff) was ordered to pay the appellant's (the defendant's) costs of the appeal.