Radojka Backo v Kris Akhurst

The case of Radojka Backo v Kris Akhurst involved a dispute regarding liability for personal injury sustained by the plaintiff, Radojka Backo, in a motor vehicle accident. The defendant, Kris Akhurst, was the driver of the vehicle that struck Ms. Backo while she was a pedestrian. The matter was heard in the Supreme Court of Victoria. The primary focus of the case was to determine whether the defendant's negligence was the sole cause of the accident and, if so, to what extent the plaintiff contributed to the incident through any potential contributory negligence.

The legal issues that the court had to decide included whether the defendant breached his duty of care towards the plaintiff as a pedestrian, and if so, the extent of this breach. Furthermore, the court needed to assess whether the plaintiff's own actions contributed to the accident and, if they did, to what extent her contributory negligence reduced the damages she could claim. The court was required to consider evidence regarding the circumstances of the accident, the defendant's driving conduct, the plaintiff's conduct, and the applicable principles of negligence and contributory negligence.

The court determined that the defendant was negligent in causing the accident by failing to observe the plaintiff as she crossed the road. The evidence showed that the defendant did not take reasonable care for the plaintiff's safety. The court found that the plaintiff was partially responsible for the accident due to her failure to take reasonable care in crossing the road in a non-designated area. The court assessed the plaintiff's contributory negligence at 30% and reduced her damages accordingly. Ultimately, the court found that the defendant was liable for the remaining 70% of the damages, leading to a verdict and judgment in favour of the plaintiff for the calculated amount.