Kain v Mobbs

The case of Kain v Mobbs involved a dispute between the plaintiff, Kain, and the defendant, Mobbs, regarding a motor vehicle accident. The plaintiff, a child, was injured when he ran into the path of the defendant's vehicle while exiting a stationary school bus. The collision occurred when the defendant was travelling at the speed limit, and the plaintiff's case hinged on whether the defendant failed to take reasonable steps to avoid the accident by reference to the perceived risk, and whether the defendant was negligent in failing to keep a proper lookout or for driving at an excessive speed in the circumstances. The plaintiff also argued that the bus driver was negligent for permitting him to alight before the vehicle had passed the bus, and whether the plaintiff himself was guilty of contributory negligence.

The court considered whether the defendant was negligent in failing to avoid the accident, despite the plaintiff's unexpected actions. It also examined the role of the bus driver in allowing the plaintiff to alight before the vehicle had passed, and whether this constituted negligence on the part of the bus driver. Additionally, the court assessed the extent of the plaintiff's contributory negligence, if any, in running into the path of the vehicle.

The court found that the defendant was at fault for the accident, as he should have taken reasonable steps to avoid the plaintiff who was exiting the bus. However, the court found that the bus driver was not at fault for allowing the plaintiff to alight before the vehicle had passed, as this did not contribute to the accident. The court also determined that the plaintiff was 15% contributory negligent for running into the path of the vehicle. As a result, the court apportioned liability between the parties accordingly. The final orders of the court reflected this apportionment of liability and damages.