Stock v Johnston

The plaintiff in this case was crossing a street when she was struck by a vehicle driven by the defendant. The plaintiff had stopped at a pedestrian ramp on the kerb, looked both ways before stepping onto the road, but did not see the defendant's vehicle heading towards her. The defendant, on the other hand, saw the plaintiff and slowed down, keeping her under observation. The plaintiff's blood alcohol concentration at the time of the collision was likely 0.302 g/100 ml. The plaintiff claimed that the defendant was negligent in failing to avoid the collision, and the defendant argued that the plaintiff was also negligent in crossing the street while intoxicated, and that this contributed to the accident. The case was heard in the Supreme Court of Victoria.

The legal issues before the court were whether the defendant was negligent in failing to avoid the collision and whether the plaintiff was contributorily negligent. The court had to consider the standard of care owed by the defendant to the plaintiff, whether the defendant breached that standard, and whether the plaintiff's intoxication contributed to the accident. The court also had to determine the extent to which the plaintiff's damages should be reduced if she was found to be contributorily negligent.

The court found that the defendant was not negligent in failing to avoid the collision, as she had seen the plaintiff and slowed down, keeping her under observation. However, the court found that the plaintiff was contributorily negligent in crossing the street while intoxicated, and that this contributed to the accident. The court reduced the plaintiff's damages by 75% to reflect this contributory negligence. The court found that the defendant was liable for the remaining 25% of the plaintiff's damages, which amounted to $80,878.68.

The court ordered the defendant to pay the plaintiff's costs and granted a stay of proceedings of 28 days. The exhibits were to be retained.